[2023] KEHC 3521 (KLR)
The court found that the error in the applicant's name in the confirmed grant and judgment was a clerical mistake, not affecting the substance of the decision. Invoking the slip rule under section 99 of the Civil Procedure Act and guided by the principles in Mukuru Munge v Florence Shingi Mwawana & 2 others, the...
Source-derived case information.
- Citation
- [2023] KEHC 3521 (KLR)
- Parties
- Applicant: Veronicah Wangui Kararaho; Respondent: Mary Ruguru Kararaho
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 14 of 1991
- Procedural Posture
- Succession Cause / Ruling on Application to Rectify Grant and Judgment Under Slip Rule
- Outcome
- application allowed
- Judges
- RN Nyakundi
- Legal Topics
- Slip Rule, Rectification of Grant, Clerical Error Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronicah Wangui Kararaho
Applicant
Mary Ruguru Kararaho
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Rectify Grant and Judgment Under Slip Rule
Legal Issues
- 1 Whether the court should invoke the slip rule to correct a clerical error in the applicant's name in the confirmed grant and judgment.
- 2 Whether the correction alters the substance of the judgment or merely effects the court's original intention.
Ratio Decidendi
The court found that the error in the applicant's name in the confirmed grant and judgment was a clerical mistake, not affecting the substance of the decision. Invoking the slip rule under section 99 of the Civil Procedure Act and guided by the principles in Mukuru Munge v Florence Shingi Mwawana & 2 others, the court held that it had the power to correct such errors at any time to reflect its original intention. The correction was limited to replacing the incorrect name with the correct one and did not amount to a substantive review of the judgment. Accordingly, the court ordered the rectification of the applicant's name in both the judgment and the confirmed grant, with each party to...
Court Disposition
application allowed
Orders
- The judgment delivered on 29th November is reviewed by replacing the name Veronicah Wambui Kararaho with Veronicah Wangui Kararaho under paragraph 14 b).
- The confirmed grant is amended accordingly and shall be issued with the amendments.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Kararaho Kariuki (Deceased) (Succession Cause 14 of 1991) [2023] KEHC 3521 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3521 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause 14 of 1991
RN Nyakundi, J
April 20, 2023
Between
Veronicah Wangui Kararaho
Applicant
and
Mary Ruguru Kararaho
Respondent
Ruling
1. The applicant approached this court vide an application dated December 16, 2022 seeking the following orders;1. Spent2. That the honourable court be pleased to invoke the slip rule and rectify the confirmed grant of the 29th November 2022 together with the judgement delivered on 29th November 2022 by correcting the applicants name in the property known as Olkalau Farm to read Veronicah Wangui Kararaho instead of Veronicah Wambui Kararao3. That costs of this application be provided for.
The Law 2. The operative statutory provision is as expressly stated in section 99 of the Civil Procedure Act thus: “Amendment of judgment decrees, or orders: clerical or arithmetical mistakes in judgements, decrees or orders or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties.”
3. The judgement of the Court of Appeal in Mukuru Munge v Florence Shingi Mwawana & 2others [2016] eKLR this court stated as follows on the application of the slip rule. “ besides the residential power to reopen a decided case it must be pointed out that under rule 35(1) of the Court of Appeal Rules. (commonly) referred to as the slip rule), the court has power to correct any clerical or arithmetical mistake in its judgement or any error arising therein, from an accidental slip or omission. The court may undertake that correction of its own motion or on the application of any interested person, and at any time whether before or after the judgement has been embodied in an order. The slip rule does not allow the court to sit in judgment on its own previous judgement. Its purpose is to effect correction so as to give effects to the intension of the court when it gave its judgement”
4. Upon considering the application I hereby invoke the slip rule and review the judgement delivered on 29th November by replacing the name of Veronicah Wambui Kararaho with that of Veronicah Wangui Kararaho under paragraph 14 b) of the said judgement. I further amend the confirmed grant and the same shall be issued with the amendments accordingly. Each party shall bear its own costs. It is so ordered.
DELIVERED VIA E- MAIL DATED AND SIGNED ON THIS 20TH DAY OF APRIL 2023……………………………………R. NYAKUNDIJUDGE