[2024] KEELC 7259 (KLR)
The Court found that there was an obvious error on the face of the record in the ruling delivered on 28/9/2023, as the wording did not reflect the Court's intention to allow the Objector's application. Guided by Section 99 and Section 3A of the Civil Procedure Act, which empower the Court to correct such errors to...
Source-derived case information.
- Citation
- [2024] KEELC 7259 (KLR)
- Parties
- Plaintiff: Kitamaiyu Limited; Defendant: China Ghansu International for Technical Corporation Company Limited; Objector: Credit Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 128 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Application for Review and Correction of Ruling
- Outcome
- application for review and correction of ruling allowed
- Judges
- JG Kemei
- Legal Topics
- Review of Court Orders, Correction of Errors, Clerical Mistakes, Decree Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitamaiyu Limited
Plaintiff
China Ghansu International for Technical Corporation Company Limited
Defendant
Credit Bank Limited
Objector
Procedural Posture
Environment and Land Case / Ruling on Application for Review and Correction of Ruling
Legal Issues
- 1 Whether the Court should review and correct its previous ruling to accurately reflect its intention regarding the Objector's application.
- 2 Whether there was an error apparent on the face of the record in the ruling delivered on 28/9/2023.
Ratio Decidendi
The Court found that there was an obvious error on the face of the record in the ruling delivered on 28/9/2023, as the wording did not reflect the Court's intention to allow the Objector's application. Guided by Section 99 and Section 3A of the Civil Procedure Act, which empower the Court to correct such errors to meet the ends of justice, the Court reviewed and corrected the ruling to state that the application had merit and was allowed with costs in favor of the Objector. The correction was made to ensure the record accurately reflected the true spirit and tenor of the Court's decision, and there being no opposition from the Plaintiff or Judgment Debtor, the application was granted as...
Court Disposition
application for review and correction of ruling allowed
Orders
- The ruling delivered on 28/9/2023 is corrected to read: '42. In the end the Application has merit. 43. It is allowed with costs in favor of the Objector.'
Full Case Text
Judgment text and source record
24 paragraphs
Kitamaiyu Limited v China Ghansu International for Technical Corporation Company Limited; Credit Bank Limited (Objector) (Environment & Land Case 128 of 2018) [2024] KEELC 7259 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEELC 7259 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case 128 of 2018
JG Kemei, J
October 29, 2024
Between
Kitamaiyu Limited
Plaintiff
and
China Ghansu International for Technical Corporation Company Limited
Defendant
and
Credit Bank Limited
Objector
Ruling
1. The Application before Court is the one dated the 23/5/24 brought by the Objector seeking Orders as follows;a.That the Court be pleased to review the Ruling delivered on 28/9/2023. b.That the Court be pleased to review and replace the words of para 42 and 43 of the said Ruling as follows;“42. In the end the Application has merit.43. It is dismissed with costs in favor of the Objector.”
2. The Application is premised on the grounds annexed thereto and the Supporting Affidavit of Maureen Maitai who introduced herself as the Counsel in conduct of the matter on behalf of the Objector. She reiterated that it is in the interest of Justice that the Ruling be corrected to reflect the true spirit and tenor of the decision of the Court. That the Court agreed wholly with the Objector’s Application and hence there is an obvious error on the face of the record.
3. On the 23/10/24 the Application came for hearing whereupon the Plaintiff (Decree Holder) and the Judgment Debtor informed the Court that they were not opposing the Application.
4. Section 99 of the Civil Procedure Act read together with Section 3A of the Civil Procedure Act donates power to this Court to make corrections of errors in Judgments and Orders to meet the ends of justice. Section 99 of the Civil Procedure Act provides as follows;“99. Amendment of Judgments, Decrees or Orders Clerical or arithmetical mistakes in Judgments, Decrees or Orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court either of its own motion or on the Application of any of the parties.”
5. Guided by the above provisions of the law, the Ruling delivered on the 28/9/2023 be and is hereby corrected to read as follows;“42. In the end the Application has merit.43. It is allowed with costs in favor of the Objector.”
6. Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA THIS 29TH DAY OF OCTOBER, 2024 VIA MICROSOFT TEAMS.J G KEMEIJUDGEDelivered online in the presence of;Ms. Nyakiana HB Nganga for PlaintiffKibaara for the Judgment DebtorMs. Abiaza HB Ms. Maitai for the ObjectorCourt Assistants – Phyllis/Oliver