[2012] KEHC 5080 (KLR)
The court found that there were clear arithmetical errors in the computation of damages in the original judgment, specifically in the application of the 85% contributory negligence deduction to both general and special damages. Section 99 of the Civil Procedure Act empowers the court to correct such errors. The...
Source-derived case information.
- Citation
- [2012] KEHC 5080 (KLR)
- Parties
- Appellant: Olive Muthoni Karuri; Respondent: Njoro Canning Factory (K) Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 221 of 2007
- Procedural Posture
- Civil Appeal / Ruling on Correction of Judgment Under Section 99 of the Civil Procedure Act
- Outcome
- Arithmetical errors in the judgment corrected; damages and costs recalculated accordingly.
- Judges
- MJA Emukule
- Legal Topics
- Arithmetical Errors, Contributory Negligence, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Olive Muthoni Karuri
Appellant
Njoro Canning Factory (K) Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Correction of Judgment Under Section 99 of the Civil Procedure Act
Legal Issues
- 1 Whether the court can correct arithmetical errors in its judgment under Section 99 of the Civil Procedure Act.
- 2 Whether the damages awarded were correctly calculated after accounting for contributory negligence.
Ratio Decidendi
The court found that there were clear arithmetical errors in the computation of damages in the original judgment, specifically in the application of the 85% contributory negligence deduction to both general and special damages. Section 99 of the Civil Procedure Act empowers the court to correct such errors. The correct calculation results in the appellant being entitled to Ksh 18,000 in general damages and Ksh 1,125 in special damages, totaling Ksh 19,125. The court also held that costs in both the High Court and the lower court should be apportioned according to the liability ratio established in the judgment.
Court Disposition
Arithmetical errors in the judgment corrected; damages and costs recalculated accordingly.
Orders
- General damages due to the appellant set at Ksh 18,000 after 85% contributory negligence deduction.
- Special damages due to the appellant set at Ksh 1,125 after 85% contributory negligence deduction.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL APPEAL NO. 221 OF 2007
(Being an appeal from the Judgment and Decree of the Honourable Mrs J. Oseko (SPM) delivered on the 27th November 2007 in Molo SPMCC No. 173 of 2006)
OLIVE MUTHONI KARURI………………………………………………….……….APPELLANT
VERSUS
NJORO CANNING FACTORY (K) LTD………………………………...………RESPONDENT
RULING
Counsel for the appellant and respondent appeared before court on 27th January, 2012 and had earlier copied to court a letter dated 31st October 2011 observing that there were errors of an arithmetic nature which could be corrected under Section 99 of the Civil Procedure Act, (Cap. 21, Laws of Kenya).The said Section empowers the court to correct its judgment in respect of arithmetical errors.
In this case, the arithmetic errors are to be found at pages 7 and 8 of the judgment of the court delivered on 3rd October 2011. Having the appellant 85% responsible for the accident, and awarded him damages of Ksh 120,000/= if 85% contributory negligence is deducted the sum due becomes Ksh 18,000/= and not Sh 31,000/=.
Similarly the special damages amounted to Ksh 7,500/= again less 85% and that sum amounts to Ksh 1,125/=.
In summary therefore -
(i) General damages Shs 120,000/=
Less 85% contributory negligence Shs 102,000/=
Amount due to the appellant Shs 18,000/=
(ii) Special damages shs 7,500/- Shs 7,500/=
Less 85% Shs 6,375/=
Amount due 1,125/=
(iii) Add nett of (i) & (ii) = 18,000 + 1,125 = 19,125/=
Save as aforesaid, I would allow the appellant costs in this court and the lower court to be similarly apportioned as per liability ratio.
Dated, signed and delivered at Nakuru this 3rd day of February, 2012
M. J. ANYARA EMUKULE
JUDGE