[2019] KEELC 2651 (KLR)
The court found that there was indeed an error in the judgment dated 27th February, 2017, specifically an order for double payment that was not intended. The court exercised its power under Section 99 of the Civil Procedure Act to correct the accidental slip by deleting the erroneous statement from the judgment. The...
Source-derived case information.
- Citation
- [2019] KEELC 2651 (KLR)
- Parties
- Plaintiff: Joyce Nikaore Khamali; Defendant: Krishom Chepmwok
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Judgment Date
- 27 June 2019
- Case Number
- Environment & Land Case 266 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Correct Judgment
- Outcome
- application allowed
- Judges
- A Ombwayo
- Legal Topics
- Arithmetical Error, Correction of Judgment, Decree Rectification
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joyce Nikaore Khamali
Plaintiff
Krishom Chepmwok
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Correct Judgment
Legal Issues
- 1 Whether there is an arithmetical or apparent error in the judgment dated 27th February, 2017 that warrants correction.
- 2 Whether the decree of the court should be rectified to remove the order for double payment.
Ratio Decidendi
The court found that there was indeed an error in the judgment dated 27th February, 2017, specifically an order for double payment that was not intended. The court exercised its power under Section 99 of the Civil Procedure Act to correct the accidental slip by deleting the erroneous statement from the judgment. The correction ensures that the decree accurately reflects the court's intention and prevents unjust enrichment or double recovery by the plaintiff. No orders as to costs were made in respect of the application.
Court Disposition
application allowed
Orders
- The judgment dated 27th February, 2017 is corrected by deleting line 2 at page 7 from the word 'and' to 'above' and retaining the full stop.
- The statement 'and an order of payment as in paragraph 4 and 5 above' is deleted from the judgment.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 266 OF 2014
JOYCE NIKAORE KHAMALI.............................................PLAINTIFF
VERSUS
KRISHOM CHEPMWOK...................................................DEFENDANT
RULING
The plaintiff has filed the application dated 16th July, 2018 praying for orders that there is an arithmetical mistake in the court’s judgment dated 27th February, 2017. He prays that the Decree of the court be corrected. The application is made on grounds that there is an error apparent on the judgment of the court. The court made an order for double payment.
I have considered the application and do find that there is an error in my judgment dated 27th February, 2017.
I do correct the same by deleting line 2 at page 7 from the word “and” to “above” and retain the “full stop”. Thus, the deleted statement is “and an order of payment as in paragraph 4 and 5 above. No orders as to costs.
Dated and delivered at Eldoret this 27th day of June, 2019.
A. OMBWAYO
JUDGE