[2023] KEHC 18407 (KLR)

[2023] KEHC 18407 (KLR)

The court found that there was an error apparent on the face of the record in paragraph 16 of the ruling delivered on 14/4/2023. Pursuant to Section 99 of the Civil Procedure Rules, the court has the power to correct such errors at any time, either on its own motion or upon application by a party. The court...

Source-derived case information.

Citation
[2023] KEHC 18407 (KLR)
Parties
Applicant: Kenyatta National Hospital; Respondent: Rosemary Kipkemoi T/A Robric Enterprises
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application E789 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Correction of Error Under Section 99 of the Civil Procedure Rules
Outcome
Application for correction of error allowed; ruling corrected as specified.
Judges
AN Ongeri
Legal Topics
Correction of Errors, Stay of Execution, Decretal Sum, Court Orders
Source Language
en
Civil Procedure Correction of Errors Stay of Execution Decretal Sum Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenyatta National Hospital

Applicant

Rosemary Kipkemoi T/A Robric Enterprises

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Correction of Error Under Section 99 of the Civil Procedure Rules

Legal Issues

  1. 1 Whether there was an error apparent on the face of the record in the ruling delivered on 14/4/2023.
  2. 2 Whether the court should correct the error pursuant to Section 99 of the Civil Procedure Rules.

Ratio Decidendi

The court found that there was an error apparent on the face of the record in paragraph 16 of the ruling delivered on 14/4/2023. Pursuant to Section 99 of the Civil Procedure Rules, the court has the power to correct such errors at any time, either on its own motion or upon application by a party. The court exercised this power to correct the wording of paragraph 16 to clarify the conditions for stay of execution and to substitute the words 'Leave to appeal' with 'with stay of execution' in the ruling. The correction was necessary to reflect the court's true intention and to avoid any ambiguity in the execution of the orders. The amendment was effected and orders issued accordingly.

Court Disposition

Application for correction of error allowed; ruling corrected as specified.

Orders

  • Paragraph 16 of the ruling delivered on 14/4/2023 is corrected to grant the applicant stay of execution on condition that half the decretal sum ordered on December 10, 2022 is deposited within 30 days of this date.
  • The words 'Leave to appeal' are substituted with 'with stay of execution' in the ruling dated 14/4/2023.