[2004] KEHC 1047 (KLR)
The court held that it was functus officio, having already delivered its judgment, and that the complaint raised in the application was neither part of the original grounds of appeal nor argued during the hearing. No error was apparent on the face of the record to justify amending the judgment. Therefore, the...
Source-derived case information.
- Citation
- [2004] KEHC 1047 (KLR)
- Parties
- Appellant: Mercantile Traders Limited; Respondent: Salma M. Mohamedbhai; Respondent: Maleka A. Okabhai; Respondent: Rehmat T. Rungwalla
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 17 of 1997
- Procedural Posture
- Civil Appeal / Ruling on Application to Amend Judgment
- Outcome
- application dismissed with costs
- Legal Topics
- Amendment of Judgment, Functus Officio, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercantile Traders Limited
Appellant
Salma M. Mohamedbhai
Respondent
Maleka A. Okabhai
Respondent
Rehmat T. Rungwalla
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Amend Judgment
Legal Issues
- 1 Whether the court can amend its judgment after it has been delivered and the court is functus officio.
- 2 Whether there is an error apparent on the face of the record justifying amendment of the judgment.
Ratio Decidendi
The court held that it was functus officio, having already delivered its judgment, and that the complaint raised in the application was neither part of the original grounds of appeal nor argued during the hearing. No error was apparent on the face of the record to justify amending the judgment. Therefore, the application to amend the judgment was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 26.7.04 is dismissed with costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL APPEAL 17 OF 1997
MERCANTILE TRADERS LIMITED …………………. APPELLANT - V E R S U S –
SALMA M. MOHAMEDBHAI
MALEKA A. OKABHAI
REHMAT T. RUNGWALLA …………………………. RESPONDENTS R U L I N G
Before the court is a Notice of Motion dated 26. 7.04 seeking to amend the judgment passed in this court on 18. 9.2003. Upon a perusal of last page of the judgment it states:-
“However in his submissions at the hearing the Counsel for applicant (Mr. Kasamani) state d that the tenant has vacated and matters should be left as it is. If that is the case the court does allow the appeal and award costs to the tenant, the appellants in this appeal and in the Tribunal”.
It is my view that the complaint raised now was not in the grounds of appeal and was not argued and this court is now functus officio.
There is no error disclosed on the face of the record. Application is dismissed with costs.
Dated this 12th day of November, 2004.
J. KHAMINWA
JUDGE
12. 11. 04
Khaminwa – judge
Cege – Court Clerk
Ms. Kasamani
Mr. Rono holding brief.
Ruling read in their presence in open court.
J. KHAMINWA
JUDGE