[2015] KEHC 3754 (KLR)
The court determined that due to mislabelling of files and failure to bring the consolidation of appeals to its attention, the judgment was prepared under the wrong title. Exercising its authority under section 99 of the Civil Procedure Act, the court ordered the necessary amendments to correct the judgment and...
Source-derived case information.
- Citation
- [2015] KEHC 3754 (KLR)
- Parties
- Appellant: Paul Kuria Wamae; Respondent: Caroline Muthoni Kabae
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 74 of 2013
- Procedural Posture
- Civil Appeal / Post Judgment Correction
- Outcome
- Necessary amendments to the judgment to be made under section 99 of the Civil Procedure Act; separate judgment to be prepared for the other appeal.
- Judges
- DW Mbuteti
- Legal Topics
- Consolidation of Appeals, Amendment of Judgment, Clerical Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kuria Wamae
Appellant
Caroline Muthoni Kabae
Respondent
Procedural Posture
Civil Appeal / Post Judgment Correction
Legal Issues
- 1 Whether the judgment title was affected by mislabelling due to consolidation of appeals.
- 2 Whether the court can amend the judgment under section 99 of the Civil Procedure Act to correct the error.
Ratio Decidendi
The court determined that due to mislabelling of files and failure to bring the consolidation of appeals to its attention, the judgment was prepared under the wrong title. Exercising its authority under section 99 of the Civil Procedure Act, the court ordered the necessary amendments to correct the judgment and directed that a separate judgment be prepared for the other consolidated appeal. This ensures the record accurately reflects the parties and appeals involved, upholding procedural integrity and preventing prejudice due to clerical errors.
Court Disposition
Necessary amendments to the judgment to be made under section 99 of the Civil Procedure Act; separate judgment to be prepared for the other appeal.
Orders
- The necessary amendments to the judgment will be made under section 99 of the Civil Procedure Act, Cap 21.
- A separate judgment will be prepared and delivered in respect to Civil Appeal No. 87 of 2013.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CIVIL APPEAL NO 74 OF 2013
(FORMERLY NYERI HC CIVIL APPEAL NO 36 OF 2010)
(Appeal from Decree passed on 24/02/2010 in Murang’a PMCC 199 of 2008 – J. Gathuku, RM)
PAUL KURIA WAMAE………………..….…………………..APPELLANT
VERSUS
CAROLINE MUTHONI KABAE…..……..………………..RESPONDENT
O R D E R
15/07/2015
Coram: Waweru, J in chambers
COURT: It has come to my notice that this appeal (Murang’a HC Civil Appeal No 74 of 2013– formerly Nyeri HC Civil Appeal No 36 of 2010 – Paul Kuria Wamae -vs- Caroline Muthoni Kabae) had been consolidated with Murang’a HC Civil Appeal No 87 of 2013 – formerly Nyeri HC Civil Appeal No 37 of 2010 – David Nduati Wambiri -vs- Caroline Muthoni Kabae -by an order entered on 13/05/2014 in Civil Appeal No 87 of 2013. This fact was not brought to my attention when learned counsels made submissions before me on 09/03/2015.
As a result, I prepared judgment in respect of only one appeal – Civil Appeal No 74 of 2013 – Paul Kuria Wamae -vs- Caroline Muthoni Kabae. But because of mislabelling of the files at the registry, the title of the appeal in the judgment appeared erroneously as Civil Appeal No 87 of 2013 – David Nduati Wambiri -vs- Caroline Muthoni Kabae.
In the circumstances, and by the court’s own motion, the necessary amendments to the judgment will be made under section 99 of the Civil Procedure Act, Cap 21.
A separate judgment will be prepared and delivered in respect to Civil Appeal No. 87 of 2013. It so ordered.
DATED AND SIGNED AT MURANG’A THIS 15TH DAY OF JULY 2015
H P G WAWERU
JUDGE