[2007] KECA 55 (KLR)
The Court found that there was a clear clerical error in the description of the land reference number in both the ruling and the formal order. Both parties agreed that the error was accidental and required correction. The Court exercised its power under the relevant rules to correct the accidental slip, ensuring...
Source-derived case information.
- Citation
- [2007] KECA 55 (KLR)
- Parties
- Applicant: Mua Park Investment Limited; Respondent: Kenya National Assurance Company Limited (In Liquidation)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 32 of 2006
- Procedural Posture
- Civil Application / Application for Correction of Clerical Error in Prior Ruling and Order
- Outcome
- Application allowed. Clerical errors in the land reference number corrected. Each party to bear its own costs.
- Judges
- AM Githinji, CA Otieno
- Legal Topics
- Correction of Clerical Errors, Accidental Slip Rule, Court Orders Rectification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mua Park Investment Limited
Applicant
Kenya National Assurance Company Limited (In Liquidation)
Respondent
Procedural Posture
Civil Application / Application for Correction of Clerical Error in Prior Ruling and Order
Legal Issues
- 1 Whether the Court should correct a clerical error in the description of the land reference number in its previous ruling and order.
Ratio Decidendi
The Court found that there was a clear clerical error in the description of the land reference number in both the ruling and the formal order. Both parties agreed that the error was accidental and required correction. The Court exercised its power under the relevant rules to correct the accidental slip, ensuring that the orders accurately reflected the intended land reference number. The Court also determined that, since the application was unopposed and both parties consented to the correction, each party should bear its own costs.
Court Disposition
Application allowed. Clerical errors in the land reference number corrected. Each party to bear its own costs.
Orders
- The L.R. Number in Order Number 1 of the Ruling of the Court in Civil Application No. NAI. 32 of 2006 dated and delivered at Nairobi on the 5th day of May 2006 is corrected to read 'L.R. Number 209/11241' instead of 'L.R. Number 209/11214'.
- The L.R. Number in Order No.2 on page 2 of the formal Order issued at Nairobi on the 19th day of June 2006 is corrected to read 'L.R. Number 209/11241' instead of 'L.R. Number 209/11214'.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Civil Appli. Nai 32 of 2006
MUA PARK INVESTMENT LIMITED ……….………..APPLICANT
AND
KENYA NATIONAL ASSURANCE
COMPANY LIMITED (IN LIQUIDATION) ….…......RESPONDENT
(Being an application for an injunction pending the hearing and determination of an intended appeal from a ruling and decree of
the High Court of Kenya at Nairobi Milimani Commercial Courts
(Lady Justice Mary Kasango) dated 16th November, 2005
in
H.C.C.C. NO. 355 OF 2005)
**************
RULING OF THE COURT
This is an application brought under rules 1(3), 35(1), 42 and 47 of the Court of Appeal Rules requesting the Court to correct the clerical error arising from an accidental slip in both the Ruling dated 5th May 2006 and the Order issued therefrom on 19th June, 2006 in C.A.C.A. No. NAI. 32 of 2006 by correcting the erroneous description L.R. No. 209/11214 when the correct description of the land in question was L.R. No. 209/11241.
The applicant was Mua Park Investment Ltd and the respondent was Kenya National Assurance Company Ltd. Both the applicant and the respondent agreed before us that the above correction was required and that each party should bear its own costs of the application.
In these circumstances we hereby order that:-
1. The L.R. Number in Order Number 1 of the Ruling of the Court in Civil Application No. NAI. 32 of 2006 dated and delivered at Nairobi on the 5th day of May 2006 be hereby corrected to read “L.R. Number 209/11241” instead of L.R. Number 209/11214.
2. The L.R. Number in Order No.2 on page 2 of the formal Order issued at Nairobi on the 19th day of June 2006 be hereby corrected to read “L.R. Number 209/11241” instead of L.R. Number 209/11214.
3. Each party shall bear its own costs of the application.
Dated and delivered at Nairobi this 27th day of April, 2007.
E. M. GITHINJI
…………………………..
JUDGE OF APPEAL
J. W. ONYANGO OTIENO
……………………….
JUDGE OF APPEAL
W. S. DEVERELL
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR