[2024] KEELC 272 (KLR)
The court found that the reference to 'HomaBay Land Registrar' in the judgment was an arithmetical mistake, as the suit land West Kasipul/Kasimba/474 is under the jurisdiction of the Rachuonyo Land Registrar. The court held that it has the statutory and inherent power to correct such errors under sections 3, 3A, and...
Source-derived case information.
- Citation
- [2024] KEELC 272 (KLR)
- Parties
- Plaintiff: Josiah Ouma Mbori; Plaintiff: Samuel Ouko Mbori; Defendant: Edward Odhiambo Oria (Being a legal representative of the Estate of the Late Chrysanthus Onyuka - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 35 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Application for Correction of Judgment
- Outcome
- Application for correction of judgment allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Correction of Judgment, Arithmetical Mistake, Land Registration, Implementation of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josiah Ouma Mbori
Plaintiff
Samuel Ouko Mbori
Plaintiff
Edward Odhiambo Oria (Being a legal representative of the Estate of the Late Chrysanthus Onyuka - Deceased)
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Correction of Judgment
Legal Issues
- 1 Whether the court can correct an arithmetical mistake in its judgment under the Civil Procedure Act.
- 2 Whether the reference to 'HomaBay Land Registrar' instead of 'Rachuonyo Land Registrar' in the judgment constitutes an error requiring correction.
Ratio Decidendi
The court found that the reference to 'HomaBay Land Registrar' in the judgment was an arithmetical mistake, as the suit land West Kasipul/Kasimba/474 is under the jurisdiction of the Rachuonyo Land Registrar. The court held that it has the statutory and inherent power to correct such errors under sections 3, 3A, and 99 of the Civil Procedure Act. The correction was necessary to ensure the proper implementation of the court's orders and to reflect the true position regarding the land registrar's jurisdiction. Accordingly, the court ordered that paragraphs 5(d) and 35 of the judgment be amended to read 'Rachuonyo' instead of 'HomaBay.'
Court Disposition
Application for correction of judgment allowed.
Orders
- Paragraphs 5(d) and 35 of the judgment delivered on 3rd October 2023 are corrected to read 'Rachuonyo' instead of 'HomaBay'.
- It is so ordered.
Full Case Text
Judgment text and source record
25 paragraphs
Mbori & another v Oria (Being a legal representative of the Estate of the Late Chrysanthus Onyuka - Deceased) (Environment & Land Case 35 of 2021) [2024] KEELC 272 (KLR) (31 January 2024) (Ruling)
Neutral citation: [2024] KEELC 272 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 35 of 2021
GMA Ongondo, J
January 31, 2024
Between
Josiah Ouma Mbori
1st Plaintiff
Samuel Ouko Mbori
2nd Plaintiff
and
Edward Odhiambo Oria (Being a legal representative of the Estate of the Late Chrysanthus Onyuka - Deceased)
Defendant
Ruling
1. The plaintiffs who are represented by Gordon Ogola, Kipkoech and Company Advocates have sought amendment of this Court’s Judgement delivered on 3rd October 2023 (the Judgment) to enable them implement the court orders appropriately.
2. In their letter refence number GOK/ELC/50/20 dated 21st December 2023, the plaintiffs stated that paragraphs 5(d) and 35 of the judgement refer to HomaBay Land Registrar instead of Rachuonyo Land Registrar.
3. It is noticed that the suit land title number West Kasipul/Kasimba/474 falls within the domain of Rachuonyo Land Registrar.
4. I take into account the entire record in this suit and sections 59 and 60(1)(o) of the Evidence Act chapter 80 Laws of Kenya.
5. In the circumstances, I find that there is an arithmetical mistake in paragraphs 5(d) and 35 of the judgement.
6. This court has the mandate to correct the said mistake as provided for under sections 3, 3A and 99 of the Civil Procedure Act chapter 21 Laws of Kenya; See also Charles Karathe Kiarie and 2 others versus Administrator of the Estate of John Waliace Mathare (deceased) and 2 others Civil Application No. 4 of 2020 (2020) eKLR.
7. Wherefore, paragraphs 5(d) and 35 of the judgment of this court delivered on 3rd October 2023 herein, be and are hereby corrected to read “Rachuonyo” instead of “HomaBay” accordingly.
8. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 31ST DAY OF JANUARY 2024. G.M.A ONG’ONDOJUDGEPresent.Luanga Terence, Court Assistant.