[2020] KESC 32 (KLR)
The Supreme Court found that there were clear clerical and apparent errors in its ruling delivered on 4th August 2020, specifically regarding the dates of the supporting affidavit, the date of filing of the preliminary objection, and the date of the application subject to the ruling. Invoking its powers under...
Source-derived case information.
- Citation
- [2020] KESC 32 (KLR)
- Parties
- Applicant: Charles Karathe Kiarie; Applicant: Thomas Wanyoike Wainaina; Applicant: Kalang Enterprises; Respondent: Administrator of the Estate of John Wallace Mathare (Deceased); Respondent: Administrator of the Estate of Dennis Waweru Rimui (Deceased); Respondent: Administrator of the Estate of Joyce Wanja Gitau
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Civil Application 4 of 2020
- Procedural Posture
- Civil Application / Order on Correction of Errors in Ruling
- Outcome
- Application for correction of errors allowed; ruling amended accordingly.
- Judges
- DK Maraga, PM Mwilu, MK Ibrahim, NS Ndungu, I Lenaola
- Legal Topics
- Correction of Errors, Supreme Court Powers, Clerical Mistakes, Review of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Karathe Kiarie
Applicant
Thomas Wanyoike Wainaina
Applicant
Kalang Enterprises
Applicant
Administrator of the Estate of John Wallace Mathare (Deceased)
Respondent
Administrator of the Estate of Dennis Waweru Rimui (Deceased)
Respondent
Administrator of the Estate of Joyce Wanja Gitau
Respondent
Procedural Posture
Civil Application / Order on Correction of Errors in Ruling
Legal Issues
- 1 Whether the Supreme Court can correct clerical or apparent errors in its previous ruling or order.
- 2 Whether the errors in dates and description of the application in the previous ruling warrant correction.
Ratio Decidendi
The Supreme Court found that there were clear clerical and apparent errors in its ruling delivered on 4th August 2020, specifically regarding the dates of the supporting affidavit, the date of filing of the preliminary objection, and the date of the application subject to the ruling. Invoking its powers under Section 21(4) of the Supreme Court Act, the Court held that it was empowered to correct such errors within fourteen days of delivery of its ruling. The Court accordingly amended the relevant paragraphs of its ruling to reflect the correct dates and description, ensuring the accuracy and integrity of its orders. The corrections were ordered to constitute part of the original ruling.
Court Disposition
Application for correction of errors allowed; ruling amended accordingly.
Orders
- Paragraph [1] is corrected by deleting the date '30th May, 2017' and inserting '27th February 2020'.
- Paragraph [10] is corrected by deleting the date '20th of June 2020' and inserting '11th of June 2020'.
Full Case Text
Judgment text and source record
31 paragraphs
Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others (Civil Application 4 of 2020) [2020] KESC 32 (KLR) (11 August 2020) (Order)
Charles Karathe Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others [2020] eKLR
Neutral citation: [2020] KESC 32 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Civil Application 4 of 2020
DK Maraga, CJ, PM Mwilu, DCJ & V-P, MK Ibrahim, NS Ndungu & I Lenaola, SCJJ
August 11, 2020
Between
Charles Karathe Kiarie
1st Applicant
Thomas Wanyoike Wainaina
2nd Applicant
Kalang Enterprises
3rd Applicant
and
The Administrator of the Estate of John Wallace Mathare (Deceased)
1st Respondent
The Administrator of the Estate 0f Dennis Waweru Rimui (Deceased)
2nd Respondent
The Administrator of the Estate of Joyce Wanja Gitau
3rd Respondent
((Being an application for Extension of Time and Review of the Ruling of a single Judge of the Supreme Court (S.C. Wanjala, SCJ) delivered on 17th December, 2019)
Order
1. On 4th August 2020, this Court delivered a Ruling dismissing this application, allowing a Preliminary Objection by the 1st and 2nd Respondents. The application was supported by the affidavit of the Charles Karathe Kiarie sworn on 27th February 2020. In the Ruling at paragraph [1] we erroneously indicated that the supporting affidavit was sworn on “30th May 2017”. Further, at paragraph [10], we indicated that the Preliminary Objection had been filed on “20th of June 2020” which was an error as the same was filed on 11th of June 2020. Lastly, in the final orders at paragraph [21], order (a) is to the effect that “[T]he application dated 30th May 2017 is hereby dismissed”. This is an inadvertent error as the application subject of our Ruling was dated 27th February, 2020.
2. Section 21(4) of the Supreme Court Act clothes this Court with general powers to correct any apparent errors in its Judgements, Rulings and/or Orders as follows:General Powers. 21. (1)...2). . .(3). . .(4)Within fourteen days of delivery of its judgment, ruling or order, the Court may, on its own motion or on application by any party with notice to the other or others, correct any oversight or clerical error of computation or other error apparent on such judgment, ruling or order and such correction shall constitute part of the judgment, ruling or order of the Court.
3. As a result, we hereby Order as follows: i)Paragraph [1] is corrected by deleting the date “30th May, 2017” and inserting therein the date “27th February 2020”;
ii)Paragraph [10] is corrected by deleting the date “20th of June 2020” and inserting therein the date “11th of June 2020”; and lastly,
iii)Paragraph [21] is corrected by deleting order (a) that reads “The Application dated 30th May 2017 is hereby dismissed” and inserting a new order (a) thus:"The Application dated 27th February 2020 is hereby dismissed”.
4. This Ruling is accordingly amended, and this Order shall constitute part of the Ruling of the Court.
DATED AND DELIVERED AT NAIROBI THIS 11TH DAY OF AUGUST, 2020. ..................D. K. MARAGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT..................P. M. MWILUDEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME..................M. K. IBRAHIMJUSTICE OF THE SUPREME COURT..................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT..................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA