[2014] KEHC 8568 (KLR)
The court held that where a judgment or order contains glaring errors on its face, the proper procedure is for the affected party to move the court formally by way of an application for review under the Civil Procedure Rules. The court cannot suo motu correct such errors without a properly instituted application....
Source-derived case information.
- Citation
- [2014] KEHC 8568 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 221 of 2012
- Procedural Posture
- Adoption Cause / Directions on Correction of Judgment Errors
- Outcome
- Directions issued for applicants to file a formal application for review to address errors in the judgment.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Review of Judgment, Errors on Face of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Adoption Cause / Directions on Correction of Judgment Errors
Legal Issues
- 1 Whether the court can correct errors apparent on the face of the judgment without a formal application.
- 2 What is the proper procedure for addressing errors in a judgment under the Civil Procedure Rules.
Ratio Decidendi
The court held that where a judgment or order contains glaring errors on its face, the proper procedure is for the affected party to move the court formally by way of an application for review under the Civil Procedure Rules. The court cannot suo motu correct such errors without a properly instituted application. The applicants are therefore directed to file the appropriate application so that the errors referred to can be addressed in accordance with the law.
Court Disposition
Directions issued for applicants to file a formal application for review to address errors in the judgment.
Orders
- Applicants to move the court formally by application under the Civil Procedure Rules for review of the judgment or order.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 221 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY J M
RULING
The matter was placed before me on 19th September 2014 for the purpose of giving directions on the matter with respect to errors apparent on the face of the judgement delivered herein on 6th June 2014.
Ideally where a judgement or order is found to have glaring errors on the face of it, the usual procedure is to move the court formally for review of the order or judgement in an application properly brought under the Civil Procedure Rules.
Consequently, the applicants herein shall move the court by that procedure so that the errors being referred to can be addressed.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 11th DAY OF December 2014.
W MUSYOKA
JUDGE
No appearance for the advocates.