[2018] KEHC 5956 (KLR)
The court found that the errors identified by the applicant in the judgment were indeed typographical and clerical in nature, affecting the accuracy of names, property description, and dates. The court held that such errors can and should be rectified to ensure the judgment accurately reflects the court's intention...
Source-derived case information.
- Citation
- [2018] KEHC 5956 (KLR)
- Parties
- Applicant: Philipinus Njiru Kuura; Respondent: Zakaria Nyaga M’Mungori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 73 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Summons for Rectification of Judgment
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Rectification of Judgment, Probate and Administration, Typographical Errors, Grant Reissuance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philipinus Njiru Kuura
Applicant
Zakaria Nyaga M’Mungori
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Summons for Rectification of Judgment
Legal Issues
- 1 Whether the court should rectify typographical errors in the judgment dated 12th November, 2014.
- 2 Whether the grant should be reissued to the applicant after correction of the errors.
Ratio Decidendi
The court found that the errors identified by the applicant in the judgment were indeed typographical and clerical in nature, affecting the accuracy of names, property description, and dates. The court held that such errors can and should be rectified to ensure the judgment accurately reflects the court's intention and the factual record. Since the respondent did not oppose the application and the corrections did not alter the substance of the judgment, the court allowed the application as prayed, ordering that the judgment be retyped with the corrections and the grant reissued accordingly.
Court Disposition
application allowed
Orders
- The application for rectification of the judgment is allowed as prayed.
- The judgment shall be retyped with the corrections suggested by the applicant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. SUCC. APPLICATION NO. 73 OF 2007
PHILIPINUS NJIRU KUURA ............................ OBJECTOR
VERSUS
ZAKARIA NYAGA M’MUNGORI....................PETITIONER
R U L I N G
1. By his Summons for Rectification dated 30th May, 2018, the applicant has applied for the correction of typing errors in the Judgment dated 12th November, 2014 and consequent thereto for the reissuance of the grant to him. The application is brought under Rules 49 and 73 of the Probate and Administrative Rules Cap 160 of the Laws of Kenya.
2. The errors were said to be in pages 1, 6, 12 14 and 15. These are that; the title to the Judgment should have been In the Estate of M’Kuura M’Munyoriinstead of Im the Estate of M’Kuuru M’Munyori;that Kuura M’Munyoribought land from her late husband instead of form his husband; that the name of property L.R. No. Muthmabi/Upper Karimba/767should have read as L.R Muthambi/Upper Karimba/761;that the date of the confirmed grant should have been 28th July, 2004 and not 28th June, 2004 and that the judgment should have shown that I was signed dated and delivered on 12th November, 2014 and not 12th October, 2010.
3. Mr. Mokua for the respondent indicated that they were not opposed to the application. Mr. Nyamu for the applicant therefore urged the court to allow the application as prayed.
4. I have considered the application and the entire record. I am satisfied that the errors pointed out are true and that the judgment should have read as prayed by the applicant. In the circumstances, I allow the application as prayed in the application. Let the judgment be retyped and with the corrections suggested by the applicant.
Orders accordingly.
DATED and DELIVEREDatt Meru this 28th day of June, 2018.
A. MABEYA
JUDGE