[2020] KEELC 294 (KLR)
The court found that there was a clear and apparent error in its previous order, which referenced the wrong subordinate court case number. The applicant demonstrated that the correct case number was ELC case No. 4 of 2016, as shown in the amended memorandum of appeal and supporting documents. The court held that it...
Source-derived case information.
- Citation
- [2020] KEELC 294 (KLR)
- Parties
- Applicant: Osimba Oyoyo; Respondent: Hellen Opiyo Oyoyo; Respondent: Ismael Oyoyo; Respondent: Abiud Ooko Kawawo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 3 of 2020
- Procedural Posture
- Review Application / Ruling on Notice of Motion to Review Court Order
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Review of Court Orders, Amendment of Judgments, Correction of Errors, Case Number Discrepancy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Osimba Oyoyo
Applicant
Hellen Opiyo Oyoyo
Respondent
Ismael Oyoyo
Respondent
Abiud Ooko Kawawo
Respondent
Procedural Posture
Review Application / Ruling on Notice of Motion to Review Court Order
Legal Issues
- 1 Whether the court should review and correct its previous order to reflect the correct subordinate court case number.
- 2 Whether the applicant has satisfied the legal requirements for review and correction of a court order.
Ratio Decidendi
The court found that there was a clear and apparent error in its previous order, which referenced the wrong subordinate court case number. The applicant demonstrated that the correct case number was ELC case No. 4 of 2016, as shown in the amended memorandum of appeal and supporting documents. The court held that it has both statutory and inherent jurisdiction to correct such errors under sections 99 and 100 of the Civil Procedure Act and relevant rules. The application was merited, and the court exercised its power to review and amend the order to reflect the correct case number, thereby ensuring the accuracy of the court record and preventing any potential prejudice or confusion.
Court Disposition
application allowed
Orders
- The Notice of motion dated 8th December 2020 is allowed in terms of orders 1 and 2 sought therein.
- The order of this court given on 5th October 2020 and issued on 8th October 2020 is corrected to read 'ELC case No. 4 of 2016' in lieu of 'ELC case No. 6 of 2016'.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MIGORI
ELC APPEAL CASE NO. 3 OF 2020
OSIMBA OYOYO..............................................................................PLAINTIFF/APPLICANT
Versus
HELLEN OPIYO OYOYO.............................................................................1st RESPONDENT
ISMAEL OYOYO.........................................................................................2ND RESPONDENT
ABIUD OOKO KAWAWO............................................................................3RD RESPONDENT
RULING
1. The instant ruling is in regard to a Notice of motion dated 8th December 2020 under certificate of urgency duly filed in court today. The applicant/appellant, OSIMBA OYOYO through M/s Nyauke and Company advocates, is seeking orders infra:-
a) THAT this application be certified urgent and dispensed in the first instance.
b) THAT upon hearing of this application, the honourable court be pleased to review and or vary its order delivered on the 28th October 2020 as to reflect the correct case number in the subordinate court.
c) THAT the costs of this application be provided for.
2. The motion is anchored on the applicant’s 9–paragraphed supporting affidavit sworn on even date and grounds 1 to 4 set out on it’s face. I find it superflous to reproduce the contents of the affidavit and the grounds which are noted herein accordingly.
3. The motion is initiated pursuant to provisions of the law, inter alia, Order 51 Rules 1 and 2, orders 5,Rule 1 of the Civil Procedure rules,2010 sections 80, 1A, 1B, and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya (the CPA). I take into account the said provisions as well as sections 99 and 100 of the CPA on amendments of Judgments, decrees, orders and general power of the court to amend any defect or error in any proceeding in a suit.
4. It is trite law that the court is seized of the power to correct any apparent errors in it’s Judgment, ruling and orders; see the Supreme Court of the Republic of Kenya decision in the case of Charles Karathe Kiarie and 2 others =vs= Administration of the Estate of John Wahase Marathe (deceased) and2 others Civil Application number 4 of 2020 (2020) eKLR.
5. Quite clearly, ground number (1) of the Notice of motion dated ,1st October 2020 which resulted to the order in question, shows the trial court’s case as Homa-Bay SPM’s court ELC case No. 4 of 2016 and not case no. 6 of 2016 as revealed in the original memorandum of appeal and this court’s order given on 5th October 2020 and issued on 8th October 2020 herein.
6. It is noted that the amended memorandum of appeal discerns the correct case number in question. The application is merited of the obtaining scenario.
7. Wherefore, the Notice of motion dated 8th December 2020 be and is hereby allowed in terms of orders 1 and 2 sought therein and stated as orders (a) and (b) in paragraph 1 hereinabove. Costs of the present application be in the cause.
8. For the avoidance of doubt, the order of this court, in particular, order number 2, given on 5th October 2020 duly issued on 8th October 2020, is hereby corrected to read in part, ”ELC case No. 4 of 2016” in lieu of “ELC case No. 6 of 2016”
Orders accordingly.
DELIVERED, DATEDandSIGNED at MIGORI this 9th day of December 2020.
G.M.A. ONGONDO
JUDGE
In the presence of: -
Mr. Tom Maurice – Court Assistant