[2021] KEHC 2193 (KLR)

[2021] KEHC 2193 (KLR)

The court found that there was an error in the judgment delivered on 28th July 2021 regarding the compensation amount for the suit property. Upon review of the application and the record, the court determined that the correct compensation amount for Land Reference No. Narok / Nguruman / Kamorora / 1 is Kshs....

Source-derived case information.

Citation
[2021] KEHC 2193 (KLR)
Parties
Applicant: Nguruman Limited; Respondent: Attorney General & 2 Others
Court
High Court
Court Station
High Court at Migori
Jurisdiction
Kenya
Case Number
Petition 18 of 2018
Procedural Posture
Constitutional Petition / Ruling on Notice of Motion for Rectification of Judgment
Outcome
application allowed; judgment rectified
Judges
MN Kullow
Legal Topics
Compulsory Acquisition, Compensation for Land, Rectification of Judgment
Source Language
en
Land and Property Constitutional Law Compulsory Acquisition Compensation for Land Rectification of Judgment

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Parties

Nguruman Limited

Applicant

Attorney General & 2 Others

Respondent

Procedural Posture

Constitutional Petition / Ruling on Notice of Motion for Rectification of Judgment

Legal Issues

  1. 1 Whether the judgment delivered on 28th July 2021 should be rectified to reflect the correct compensation amount for the suit property.
  2. 2 Whether parties should bear their own costs for the application.

Ratio Decidendi

The court found that there was an error in the judgment delivered on 28th July 2021 regarding the compensation amount for the suit property. Upon review of the application and the record, the court determined that the correct compensation amount for Land Reference No. Narok / Nguruman / Kamorora / 1 is Kshs. 33,350,000,000. The court exercised its power under Section 99 of the Civil Procedure Act to rectify the judgment to reflect the correct figure. The court also directed that each party bear their own costs for the application, considering the nature of the rectification sought and the absence of opposition from the respondents.

Court Disposition

application allowed; judgment rectified

Orders

  • The judgment of the court issued on 28th July 2021 is rectified to reflect compensation for Land Reference No. Narok / Nguruman / Kamorora / 1 at Kshs. 33,350,000,000.
  • Each party shall bear their own costs of the application.