[2023] KEELC 15748 (KLR)

[2023] KEELC 15748 (KLR)

The court found that there was an error in order number (d) of the judgment, which did not accurately reflect the court's intention regarding the transfer of the land parcel Kisa/Emasatsi/349. Relying on Sections 99 and 100 of the Civil Procedure Act, the court exercised its power to correct the error to ensure that...

Source-derived case information.

Citation
[2023] KEELC 15748 (KLR)
Parties
Applicant: David Okonji Ogola; Respondent: Salome Musimbi Opano
Court
Environment and Land Court
Court Station
Environment and Land Court at Kakamega
Jurisdiction
Kenya
Case Number
Environment & Land Case 30 of 2019
Procedural Posture
Environment and Land Case / Ruling on Correction of Judgment Under Sections 99 and 100 of the Civil Procedure Act
Outcome
Order number (d) of the judgment is corrected to require the respondent to sign all documents necessary to transfer Kisa/Emasatsi/349 to the applicant within 90 days, failing which the Deputy Registrar is authorized to sign on her behalf.
Judges
DO Ohungo
Legal Topics
Correction of Judgment, Rectification of Orders, Transfer of Land, Execution of Judgment
Source Language
en
Civil Procedure Land and Property Correction of Judgment Rectification of Orders Transfer of Land Execution of Judgment

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Parties

David Okonji Ogola

Applicant

Salome Musimbi Opano

Respondent

Procedural Posture

Environment and Land Case / Ruling on Correction of Judgment Under Sections 99 and 100 of the Civil Procedure Act

Legal Issues

  1. 1 Whether there was an error in order number (d) of the judgment that required correction under Sections 99 and 100 of the Civil Procedure Act.
  2. 2 Whether the respondent should be compelled to sign transfer documents for the parcel Kisa/Emasatsi/349, or the Deputy Registrar be authorized to do so in default.

Ratio Decidendi

The court found that there was an error in order number (d) of the judgment, which did not accurately reflect the court's intention regarding the transfer of the land parcel Kisa/Emasatsi/349. Relying on Sections 99 and 100 of the Civil Procedure Act, the court exercised its power to correct the error to ensure that the respondent is required to sign all necessary documents to effect the transfer of the land to the applicant within ninety days, failing which the Deputy Registrar is authorized to sign on her behalf. This correction was necessary to give effect to the substantive rights determined in the original judgment and to facilitate the execution of the court's orders.

Court Disposition

Order number (d) of the judgment is corrected to require the respondent to sign all documents necessary to transfer Kisa/Emasatsi/349 to the applicant within 90 days, failing which the Deputy Registrar is authorized to sign on her behalf.

Orders

  • The respondent to sign all documents necessary to transfer the parcel of land known as Kisa/Emasatsi/349 to the applicant within 90 days from the date hereof.
  • In default, the Deputy Registrar of this court is authorised to sign all such documents on her behalf.