[2021] KEHC 7883 (KLR)
The court found that there was a clear arithmetical error in the calculation of the total damages awarded in the original judgment. The figures for pain and suffering, loss of expectation of life, and loss of dependency were not correctly totaled, and the 10% contribution was not properly deducted before adding...
Source-derived case information.
- Citation
- [2021] KEHC 7883 (KLR)
- Parties
- Appellant: Oyugi Juma Joseph; Respondent: Grace Omwanda Ogolla
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 9 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application to Amend Judgment and Decree
- Outcome
- application allowed; judgment and decree amended to correct arithmetical error
- Legal Topics
- Correction of Judgment, Arithmetical Error, Clerical Mistake, Quantum of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oyugi Juma Joseph
Appellant
Grace Omwanda Ogolla
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Amend Judgment and Decree
Legal Issues
- 1 Whether the court can amend its judgment and decree to correct an arithmetical error in the quantum of damages awarded.
- 2 Whether the figures in the original judgment reflected the correct calculation after accounting for contribution and special damages.
Ratio Decidendi
The court found that there was a clear arithmetical error in the calculation of the total damages awarded in the original judgment. The figures for pain and suffering, loss of expectation of life, and loss of dependency were not correctly totaled, and the 10% contribution was not properly deducted before adding special damages. Applying Section 99 of the Civil Procedure Act, the court held that it was empowered to correct such errors at any time, whether on its own motion or on application by a party. The court recalculated the damages, deducting the correct 10% contribution from the total general damages and then adding the special damages, resulting in a revised total award. The...
Court Disposition
application allowed; judgment and decree amended to correct arithmetical error
Orders
- The application dated 19.1.2021 is allowed.
- The judgment and decree of this court made pursuant to the judgment of 30.11.2020 is amended to reflect the correct award as recalculated.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 9 OF 2019
OYUGI JUMA JOSEPH..........................................................................................APPELLANT
VERSUS
GRACE OMWANDA OGOLLA.......................................................................RESPONDENT
(An Appeal from the Ruling and Order of the Principal Magistrate’s court at Bondo
in Civil Case No. 53 of 2017 delivered by Hon. E.N. Wasike, SRM
delivered on 21. 2.2019)
RULING ON AMENDMENT OF JUDGMENT AND DECREE
1. I have considered the application dated 19. 1.2021 Under Certificate of Urgency. I have considered the grounds thereof and supporting affidavit. I certify it as urgent.
2. I observe that the application seeks for correction of a mathematical error in the judgment of the court on quantum of damages as arrived at by the court.
3. The power to amend a judgment or decree to correct an apparent error is vested in the court under Section 99 of the Civil Procedure Act which provides that:
“Clerical or arithmetical mistakes in judgments, decrees or orders or errors therein from any accidental slip or omission may at any time be corrected by the court either on its own motion or on the application of any of the Parties.”
4. I have considered the application and the stated mistake or error which is arithmetical. I am in agreement with the applicant’s Counsel that there is an accidental slip of the figures given on quantum in terms of the 10% contribution and the totals given on page is of the judgment delivered on 30. 11. 2020.
5. The amount/award made is as follows:
Pains and Suffering - KShs. 20,000. 00
Loss of Expectation of life - KShs.100,000. 00
Loss of Dependency - KShs.467,536. 00
Less 10% contribution - KShs.166,753. 06
Add Special damages - KShs. 1180. 00
Total damages - KShs.419,602. 00
The same figures when added correctly should read as follows:
Pains and Suffering -KShs. 20. 000. 00
Loss of Expectation of Life - KShs.100,000. 00
Loss of Dependency - KShs.467,536. 00
Total - KShs.587,536. 00
Less 10% contribution - KShs. 58,753. 6
Total general damages - KShs.528,782. 4
Add Special damages - KShs. 1180. 00
Total damages - KShs.529,962. 4
6. Having so found that there was an arithmetical error in the calculation of damages awarded to the applicant, I hereby allow this application dated 19. 1.2021 and amend the judgment and decree of this court made pursuant to the judgment of 30. 11. 2020 to reflect the correct award as re-calculated above.
7. I make no orders as to costs.
8. Orders accordingly.
Dated, Signed and Delivered at Siaya this 21st Day of January, 2021
R.E.ABURILI
JUDGE