[2021] KEELC 2706 (KLR)
The court found that the omission of the oral amendment regarding the specific land reference numbers and acreage from the decree was an error that could be rectified. There was no substantive opposition to the application, and the record showed that the oral amendment had been allowed in open court. The court...
Source-derived case information.
- Citation
- [2021] KEELC 2706 (KLR)
- Parties
- Plaintiff: Kamuthi Farmers Co-operative Society Ltd; Defendant: Nairobi City County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6898 of 1991
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Amend Decree
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Rectification of Decree, Land Reference Numbers, Court Orders Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamuthi Farmers Co-operative Society Ltd
Plaintiff
Nairobi City County
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Amend Decree
Legal Issues
- 1 Whether the decree should be rectified to accurately reflect the oral amendment made in court regarding the land reference numbers and acreage.
- 2 Whether there is any substantive opposition to the application for rectification.
Ratio Decidendi
The court found that the omission of the oral amendment regarding the specific land reference numbers and acreage from the decree was an error that could be rectified. There was no substantive opposition to the application, and the record showed that the oral amendment had been allowed in open court. The court exercised its discretion to correct the decree to accurately reflect its earlier pronouncement, thereby ensuring the integrity of the court record and preventing any potential injustice arising from the clerical omission.
Court Disposition
application allowed
Orders
- The Notice of Motion dated 5th March 2021 is allowed in terms of prayer No 1 and 2.
- The decree is rectified to reflect the oral amendment regarding LR NO 71/7/1 (54.5 acres) and LR No 71/7/10 (21.97 acres).
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC NO. 6898 OF 1991
KAMUTHI FARMERS CO-OPERATIVE
SOCIETY LTD..........................................................................................PLAINTIFF
AND
NAIROBI CITY COUNTY....................................................................DEFENDANT
AND
SARAH WAITHERA NJUGUNA & 18 OTHERS.................INTERESTED PARTIES
DIRECTIONS
1. I have considered the Notice of Motion dated 5th March 2021 together with the response thereof.
2. I have gone through the court record. On the 8th November 2018, Mrs. Maina for the defendant stated:-
“ I would like to make an oral amendment that 54. 5 acres do refer to LR NO 71/7/1 and the sewer 21. 97 acres do refer to LR No 71/7/10”.
Mr. Emanneul Washe: No objection.
Court: The oral amendment is allowed.”
3. It appears this was not captured in the decree. It is an error that can be rectified. There is no serious opposition to the application. I hereby allow the Notice of Motion dated 5th March 2021 in terms of prayer No 1 and 2. Costs be in the cause
It is so ordered.
DATED, SIGNED AND DELIVERED IN NAIROBI ON THIS 24TH DAY OF JUNE 2021.
.................................
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Ochwo for the Plaintiff
Ms Muthoni for Mrs. Maina for the Defendant
No appearance for the Interested Parties
Phyllis – Court Assistant