[2011] KEHC 4142 (KLR)
The court found that the original succession cause and supporting documentation, including the chief's letter, clearly identified the suit property as Abogeta/Upper Chure/434. The references to Abothuguchi/Upper Chure/434 in the judgment and ruling were clerical errors. Section 99 of the Civil Procedure Act empowers...
Source-derived case information.
- Citation
- [2011] KEHC 4142 (KLR)
- Parties
- Petitioner: M’Mbui Mukindia; Objector: Nkanata Mukindia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 56 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Judgment and Ruling
- Outcome
- application for rectification allowed
- Judges
- MM Kasango
- Legal Topics
- Rectification of Judgment, Clerical Errors, Succession Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Mbui Mukindia
Petitioner
Nkanata Mukindia
Objector
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Judgment and Ruling
Legal Issues
- 1 Whether the court should rectify clerical errors in the judgment and ruling regarding the description of the suit property.
- 2 Whether the court has jurisdiction under section 99 of the Civil Procedure Act to amend such errors.
Ratio Decidendi
The court found that the original succession cause and supporting documentation, including the chief's letter, clearly identified the suit property as Abogeta/Upper Chure/434. The references to Abothuguchi/Upper Chure/434 in the judgment and ruling were clerical errors. Section 99 of the Civil Procedure Act empowers the court to correct such mistakes. The court exercised this power and ordered rectification of the relevant documents to reflect the correct property description. The application was thus merited and granted.
Court Disposition
application for rectification allowed
Orders
- The judgment dated 31st July 2009 and the ruling dated 29th October 2009 are rectified to read Abogeta/Upper Chure/434 instead of Abothuguchi/Upper Chure/434.
- There shall be no orders as to costs in respect of the summons dated 15th December 2010.
Full Case Text
Judgment text and source record
20 paragraphs
CIVIL PRACTICE AND PROCEDURE
S. 99 of the Civil Procedure Act enables the court either on its own motion or on application to amend arithmetical or clerical errors in judgments, orders of decrees.
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 56 OF 2001
IN THE MATTER OF THE ESTATE OF M’MUKINDIA M’KUGIYA alias MUKINDIA S/O KUUGIA (DECEASED)
M’MBUI MUKINDIA ............................................................................................................ PETITIONER
VERSUS
NKANATA MUKINDIA ....................................................................................................... OBJECTOR
RULING
The objector in this succession has filed a summons dated 15th December seeking the following orders:-
1. THAT this honourable court be pleased to rectify the errors in the judgment dated 31/7/2009 to read as ABOGETA/U-CHURE/434 instead of ABOTHUGUCHI/U-CHURE/434.
2. THAT the honourable Judge be pleased to rectify the errors in ruling dated 29/10/2009 to read ABOGETA/U-CHURE/434 instead of ABOTHUGUCHI/U-CHURE/424.
When this cause was filed in the year 2001, the parcel of land belonging to the deceased was clearly indicated to be Abogeta/U-Chure/434 and not Abothuguchi/Upper Chure/434. I have seen the chief’s letter dated 28th January 2007 which letter confirmed that the suit property of the deceased was Abogeta/Upper Chure/434. It is for that reason that I find the prayers which are sought by the objector by his application dated 15th December 2010 is merited. Section 99 of the Civil Procedure Act provides the court with power to amend judgments, decrees or orders where there is a clerical or arithmetical mistake. This can either be done on the court’s own motion or on an application. This court therefore has powers to grant the orders that are sought by the objector. I grant the following orders:-
1. This court does hereby rectify the judgment dated 31st July 2009 and the ruling dated 29th October 2009 to read Abogeta/Upper Chure/434 instead of Abothuguchi/Upper Chure/434.
2. There shall be no orders as to costs in respect of the summons dated 15th December 2010.
Dated, signed and delivered at Meru this 10th day of February 2011.
MARY KASANGO
JUDGE