[2021] KEHC 5513 (KLR)
The court found that the misnaming of the respondent in the judgment was a clerical error resulting from a typographical mistake by the court. Section 99 of the Civil Procedure Act empowers the court to correct such errors at any time, either on its own motion or upon application by a party. The court exercised this...
Source-derived case information.
- Citation
- [2021] KEHC 5513 (KLR)
- Parties
- Appellant: Petronilla Anyango Owino; Appellant: James Omondi (suing as Legal Representative of the Estate of Jared Owino Oduol - Deceased); Respondent: County Government of Siaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 14 of 2016
- Procedural Posture
- Civil Appeal / Ruling on Correction of Judgment Under Section 99 of the Civil Procedure Act
- Outcome
- clerical error in judgment corrected; parties properly named in the record
- Judges
- RE Aburili
- Legal Topics
- Clerical Errors, Correction of Judgment, Section 99 Civil Procedure Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petronilla Anyango Owino
Appellant
James Omondi (suing as Legal Representative of the Estate of Jared Owino Oduol - Deceased)
Appellant
County Government of Siaya
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 a clerical error in the judgment under Section 99 of the Civil Procedure Act.
- 2 Whether the misnaming of the respondent in the judgment constitutes a clerical error amenable to correction.
Ratio Decidendi
The court found that the misnaming of the respondent in the judgment was a clerical error resulting from a typographical mistake by the court. Section 99 of the Civil Procedure Act empowers the court to correct such errors at any time, either on its own motion or upon application by a party. The court exercised this power to amend the judgment, ensuring that the correct parties are reflected in the record. The correction does not affect the substance of the judgment but merely rectifies the record to accurately reflect the parties involved.
Court Disposition
clerical error in judgment corrected; parties properly named in the record
Orders
- The judgment is corrected to reflect the County Government of Siaya as the respondent instead of Jared Owino Oduol.
- A fresh signed and paragraph-numbered judgment is to be supplied to the parties and sent to Kenya Law for uploading.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 14 OF 2016
CORAM: HON. R.E. ABURILI, J
PETRONILLA ANYANGO OWINO AND
JAMES OMONDI(suing as Legal Representative of the Estate
JARED OWINO ODUOL - Deceased.........................................................................APPELLANTS
VERSUS
COUNTY GOVERNMENT OF SIAYA......................................................................RESPONDENT
(Being an appeal against Judgment and Decree dated 21. 6.2016 in Civil Case No. 87 of 2015
in Siaya Principal Magistrate’sCourt before Hon. C.A. Okore, Senior Resident Magistrate)
RULING
1. On application by way of a letter dated 12/5/2021 by the appellant’s counsel, and upon perusal of the judgment delivered on 31/8/2018, I am in agreement that there is an error apparent on the heading/ citation of the judgment, which error is clerical.
2. The Respondent who is the County Government of Siaya is not named therein and instead, the second appellant Jared Owino Oduol is erroneously named as the Respondent. That error which is clerical is amenable for amendment by this court pursuant to Section 99 of the Civil Procedure Act which stipulates that:
“Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties.”
3. As the error or mistake in the judgment was occasioned by the court in typing, the same is hereby corrected by this court and the correct parties are hereby named in a fresh signed judgment which is also paragraph-numbered, which is also supplied to the parties and send to Kenya Law for uploading.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE