[2025] KEELC 3436 (KLR)
The court found that the applicant had demonstrated a clerical error in the previous order, as all supporting documents and affidavits referenced the correct land parcel number (Mavoko Town Block 3/9291). The court held that it has jurisdiction under Section 99 of the Civil Procedure Act to correct such accidental...
Source-derived case information.
- Citation
- [2025] KEELC 3436 (KLR)
- Parties
- Applicant: Monica Mbwika; Respondent: Esther Mwikali Muindi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E019 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend/correct Court Order
- Outcome
- Application allowed; previous order amended to correct land parcel number; no order as to costs.
- Judges
- NA Matheka
- Legal Topics
- Clerical Error Correction, Amendment of Court Orders, Land Title Description, Powers of Court Under Section 99, Dispensation With Title Deed, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Mbwika
Applicant
Esther Mwikali Muindi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend/correct Court Order
Legal Issues
- 1 Whether the court should amend its previous order to correct a clerical error in the land parcel number from Mavoko Town Block 3/929 to Mavoko Town Block 3/9291.
- 2 Whether the court has jurisdiction under Section 99 of the Civil Procedure Act to correct accidental slips or omissions in its orders.
Ratio Decidendi
The court found that the applicant had demonstrated a clerical error in the previous order, as all supporting documents and affidavits referenced the correct land parcel number (Mavoko Town Block 3/9291). The court held that it has jurisdiction under Section 99 of the Civil Procedure Act to correct such accidental slips or omissions. Since the application was unopposed and the evidence was clear, the court granted the application to amend the order to reflect the correct land parcel number. No order as to costs was made as the application was undefended.
Court Disposition
Application allowed; previous order amended to correct land parcel number; no order as to costs.
Orders
- The order of the court made on 19th September, 2024 is amended to reflect the land parcel number as Mavoko Town Block 3/9291 instead of Mavoko Town Block 3/929.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Mbwika v Muindi (Environment and Land Miscellaneous Application E019 of 2024) [2025] KEELC 3436 (KLR) (29 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3436 (KLR)
Republic of Kenya
In the Environment and Land Court at Machakos
Environment and Land Miscellaneous Application E019 of 2024
NA Matheka, J
April 29, 2025
Between
Monica Mbwika
Applicant
and
Esther Mwikali Muindi
Respondent
Ruling
1. The application is dated 13th January 2025 and is brought under Sections 1A, 1B, 3A and 99 of the Civil Procedure Act seeking the following orders;1. That the Order of the Honourable Court made on 19th September, 2024 be amended and/or corrected in respect of the land parcel number to read Mavoko Town Block 3/9291 and not Mavoko Town Block 3/929. 2.That costs of this Application be provided for.
2. It is based on the annexed Affidavit of Alphonce Muema Mbindyo and on grounds that the Applicant vide the Notice of Motion dated 13th March, 2024 erroneously through clerical mistake and/or accidental slip or omission sought to have the Land Registrar Machakos County directed to dispense with the production of the original title deed in respect of land title number Mavoko Town Block 3/929 instead of Mavoko Town Block 3/9291 and thus through an error omitted digit number 1. That it is evident from the grounds appearing on the face of the Notice of Motion dated 13th March, 2024 and the annextures to the Affidavit in support sworn on 13th March, 2024 being the title deed marked “AMM 1(a),” “AMM 3”, Certificate of Confirmation of Grant marked annexture “AMM 4”, Order marked annexture “AMM 5” and letter marked annexture “AMM 6” that the right title number ought to be Mavoko Town Block 3/9291. That the Land Registrar can only act on the Order bearing land title number Mavoko Town Block 3/9291. That the Honourable Court has powers to grant the orders sought under Section 99 of the Civil Procedure Act.
3. This court has considered the application and the supporting affidavit. The application was served but the Respondent failed to attend court or file any response. I have perused the court file and indeed found that the court granted the applicant by his Notice of Motion dated 13th March, 2024 to have the Land Registrar Machakos County dispense with the production of the original title deed in respect of land title number Mavoko Town Block 3/929 instead of Mavoko Town Block 3/9291. All the annextures to the Affidavit in support sworn on 13th March, 2024 being the title deed marked “AMM 1(a),” “AMM 3”, Certificate of Confirmation of Grant marked annexture “AMM 4”, Order marked annexture “AMM 5” and letter marked annexture “AMM 6” have the title number as Mavoko Town Block 3/9291. The application is not opposed. I find that the application is merited and grant it as prayed with no orders as to costs as it was undefended.It is so ordered.
DELIVERED, DATED AND SIGNED AT MACHAKOS THIS 29THDAY OF APRIL 2025. N.A. MATHEKAJUDGE