[2015] KEHC 1160 (KLR)
The court found that the reference to '2nd May, 2005' in its previous ruling was an accidental slip and that the correct date should have been '2nd May, 2013'. Exercising its discretion under section 99 of the Civil Procedure Act, the court ordered the correction of the error. The rest of the ruling dated 18th...
Source-derived case information.
- Citation
- [2015] KEHC 1160 (KLR)
- Parties
- Applicant: The Republic; Respondent: The Kadhi’s Court Kwale; Interested Party: Bakari Nassoro Chombo; Interested Party: Mohamed Juma Ali; Interested Party: Adris Juma Kitale; Interested Party: Mohamed Bakari Nyuni; Interested Party: Baina Ahamed Seif; Ex Parte: Kassim Hamisi Nyuni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 18 of 2014
- Procedural Posture
- Judicial Review / Application for Correction of Clerical Error in Ruling
- Outcome
- Application for correction of clerical error allowed. Ruling corrected to reflect the proper date of the Principal Kadhi's judgment as 2nd May, 2013. Previous ruling otherwise affirmed.
- Judges
- MJA Emukule
- Legal Topics
- Correction of Errors, Clerical Mistakes, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Republic
Applicant
The Kadhi’s Court Kwale
Respondent
Bakari Nassoro Chombo
Interested Party
Mohamed Juma Ali
Interested Party
Adris Juma Kitale
Interested Party
Mohamed Bakari Nyuni
Interested Party
Baina Ahamed Seif
Interested Party
Kassim Hamisi Nyuni
Ex Parte
Procedural Posture
Judicial Review / Application for Correction of Clerical Error in Ruling
Legal Issues
- 1 Whether the court should correct a clerical error in its previous ruling under section 99 of the Civil Procedure Act.
Ratio Decidendi
The court found that the reference to '2nd May, 2005' in its previous ruling was an accidental slip and that the correct date should have been '2nd May, 2013'. Exercising its discretion under section 99 of the Civil Procedure Act, the court ordered the correction of the error. The rest of the ruling dated 18th March, 2015 was affirmed and reiterated. The correction did not affect the substance of the decision but merely rectified the clerical mistake to reflect the accurate date of the Principal Kadhi's judgment.
Court Disposition
Application for correction of clerical error allowed. Ruling corrected to reflect the proper date of the Principal Kadhi's judgment as 2nd May, 2013. Previous ruling otherwise affirmed.
Orders
- The reference to '2nd May, 2005' in the ruling of 18th March, 2015 is corrected to '2nd May, 2013'.
- Save for the above correction, the ruling dated 18th March, 2015 is reiterated and affirmed.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
JUDICIAL REVIEW NO. 18 OF 2014
IN THE MATTER OF: THE ESTATE OF NYUNI KUNYAPA
AND
IN THE MATTER OF: PLOT NO. KWALE/MSAMBWENI ‘A’ 2164
AND
IN THE MATTER OF: KWALE KADHI’S COURT CIVIL CASE NO.
337 OF 2013
BETWEEN
THE REPUBLIC………………………………………....…………..APPLICANT
VERSUS
THE KADHI’S COURT KWALE…………………………….RESPONDENT
AND
1. BAKARI NASSORO CHOMBO
2. MOHAMED JUMA ALI
3. ADRIS JUMA KITALE
4. MOHAMED BAKARI NYUNI
5. BAINA AHAMED SEIF……………...........………....INTERESTED PARTIES
KASSIM HAMISI NYUNI……………...………………………………EX-PARTE
RULING
By a letter dated 12th August, 2015 and filed in court on 24th August, 2015, the Advocates for the Applicant sought the courts exercise of the discretion granted to it under section 99 of the Civil Procedure Act, and rectify a minor error contained in this court’s Ruling of 18th March, 2015, Section 99 of the Civil Procedure Act, (Cap 21, Laws of Kenya) says:
“99. Clerical or arithmetical mistakes in Judgments, decrees or orders arising thereon 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.”
Reference was made to setting aside the Judgment of the Principal Kadhi dated “2nd May, 2005” in the Ruling of this court delivered on 1st March, 2015. Reference to “2nd May, 2005” was an accidental slip. The proper reference should have been to the Judgment of the Principal Kadhi dated “2nd May, 2013” and not “2nd May, 2005”.
Save as aforesaid, the Ruling herein dated 18th March, 2015 is reiterated and affirmed.
Dated, Delivered and Signed at Mombasa this 18th day of November, 2015.
M. J. ANYARA EMUKULE
JUDGE
In the presence of:
Signed in Chambers and released to Registry.