[2021] KEHC 7172 (KLR)
The court determined that there was a clear typographical error in the date of filing the application as stated in its earlier ruling. Exercising its powers under Section 99 of the Civil Procedure Act, the court corrected the error to reflect the true date of 30th July, 2019. The correction did not affect the...
Source-derived case information.
- Citation
- [2021] KEHC 7172 (KLR)
- Parties
- Applicant: Lucy Njeri Njogu; Applicant: George Gatonye Njogu; Respondent: John Njenga Njogu; Imani Maai Mahiu Self Help Group; Land Registrar Naivasha Sub County
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 4 of 2019
- Procedural Posture
- Miscellaneous Application / Correction of Erratum
- Outcome
- Typographical error in the ruling corrected under Section 99 of the Civil Procedure Act; all other aspects of the ruling remain unamended.
- Legal Topics
- Correction of Rulings, Rectification of Errors, Land Registration, Succession Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Njeri Njogu
Applicant
George Gatonye Njogu
Applicant
John Njenga Njogu
Respondent
Imani Maai Mahiu Self Help Group
Land Registrar Naivasha Sub County
Procedural Posture
Miscellaneous Application / Correction of Erratum
Legal Issues
- 1 Whether the court can correct a typographical error in its ruling under Section 99 of the Civil Procedure Act.
- 2 Whether the date of filing the application by the applicants should be corrected from 30th February, 2019 to 30th July, 2019.
Ratio Decidendi
The court determined that there was a clear typographical error in the date of filing the application as stated in its earlier ruling. Exercising its powers under Section 99 of the Civil Procedure Act, the court corrected the error to reflect the true date of 30th July, 2019. The correction did not affect the substance of the orders previously issued, which remained valid and unchanged except for the rectified date. The court emphasized that such corrections are permissible to ensure the accuracy of the record and do not amount to a review or alteration of the substantive decision.
Court Disposition
Typographical error in the ruling corrected under Section 99 of the Civil Procedure Act; all other aspects of the ruling remain unamended.
Orders
- Paragraph 1 of the ruling is corrected to reflect the application date as 30th July, 2019.
- All other aspects of the ruling remain unchanged.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
(CORAM: R. MWONGO, J)
MISC. SUCCESSION CAUSE NO. 4 OF 2019
IN THE MATTER OF THE ESTATE OF SIMON NJOGU GICHENI (DECEASED)
LUCY NJERI NJOGU......................................................................................1ST APPLICANT
GEORGE GATONYE NJOGU.......................................................................2ND APPLICANT
VERSUS
JOHN NJENGA NJOGU.....................................................................................RESPONDENT
AND
IMANI MAAI MAHIU SELF HELP GROUP..............................1ST INTERESTED PARTY
LAND REGISTRAR NAIVASHA SUB COUNTY......................2ND INTERESTED PARTY
CORRECTION OF ERRATUM IN RULING (Section 99 CPA)
1. By a Rulingrendered on28th April, 2021 by this court, I made a determination on the Applicants’ application dated 30th July, 2019 and issued the following orders:
“Disposition
31. Ultimately, and in light of all the foregoing, the applicants’ application succeeds and orders are issued as follows:
a) The registration of Imani Maai Mahiu Self Help Group as the registered proprietor of Land Parcel Longonot/Kijabe Block 4/5 is hereby cancelled.
b) The Land Registrar Naivasha Sub-County is hereby ordered to effect cancellation and ownership of the said Land Parcel and it shall revert to the name of the deceased Simon Njogu Gicheni to facilitate distribution of the estate amongst the beneficiaries duly recognized by law.”
2. There is a typographical error in the Ruling at Paragraph (1) thereof in regards to the date of filing the application in court by the 1st and 2nd Applicants, which was 30th July, 2019 and not 30th February, 2019.
3. In exercise of the powers granted to this Court by and under Section 99 of the Civil Procedure Act to correct accidental slips or omissions, I hereby make the aforesaid correction so that Paragraph (1) of the Ruling stands corrected to read as follows:
“1. The application filed by Lucy Njogu and George Njogu the (1st and 2nd Applicants) dated 30th July, 2019 seeks:
a) Cancellation of the registration of Imani Maai Mahiu Self Help Group (1st Interested Party) as the registered proprietor of Longonot /Kijabe Block 4/5 (“the Land Parcel”);
b) That the Registrar Naivasha, (2nd Interested Party) be ordered to effect cancellation and ownership of the Land Parcel and that it revert to the name of the deceased Simon Njogu Gicheni.”
4. Save for the correction herein in Paragraph 1 of the said Ruling, in all other respects the Ruling remains un-amended.
5. Orders accordingly.
DATED AND DELIVERED AT NAIVASHA THIS 6TH DAY OF MAY, 2021
........................................
RICHARD MWONGO
JUDGE
Delivered in the presence of:
1. Q. Ogutu - Court Assistant