[2015] KEHC 1137 (KLR)
The court found that the reference to the Land Registrar Meru South in the previous order was an accidental slip, and that the correct designation should have been Land Registrar Meru Central. Since the application was unopposed and the correction would not prejudice any party or alter the substance of the original...
Source-derived case information.
- Citation
- [2015] KEHC 1137 (KLR)
- Parties
- Applicant: Felix Kiambi Gituru; Respondent: Land Registrar Meru South District
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 19 of 2013
- Procedural Posture
- Judicial Review Application / Ruling on Application to Correct Order
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Correction of Orders, Boundary Disputes, Land Registration, Judicial Review
- 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
Felix Kiambi Gituru
Applicant
Land Registrar Meru South District
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application to Correct Order
Legal Issues
- 1 Whether the court should correct a typographical error in its previous order regarding the designation of the Land Registrar responsible for implementing the order.
- 2 Whether the correction would prejudice any party or affect the substance of the original order.
Ratio Decidendi
The court found that the reference to the Land Registrar Meru South in the previous order was an accidental slip, and that the correct designation should have been Land Registrar Meru Central. Since the application was unopposed and the correction would not prejudice any party or alter the substance of the original order, the court exercised its power under Section 99 of the Civil Procedure Act to correct the error. The correction was necessary to enable the applicant to serve and implement the order as intended, specifically regarding the resurvey and boundary determination of the relevant land parcels. The court allowed the application and ordered that the costs be in the cause.
Court Disposition
application allowed
Orders
- The order issued on 3rd July 2014 is corrected to refer to Land Registrar Meru Central instead of Land Registrar Meru South.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
JUDICIAL REVIEW APPLICATION NO. 19 OF 2013
IN THE MATTER OF AN APPLICATION BY FELIX KIAMBI GITURU FOR LEAVE TO APPLY FOR THE ORDER OF MANDAMUS
AND
IN THE MATTER OF LAND PARCELS NOS. ABOGETA/U-KIUNGONE 1302 WHICH SHARES BUNDARIES WITH LAND PARCEL NO. ABOGETA/U-KITHANGARI/40
AND
IN THE MATTER OF SECTION 18 & 19 OF LAND REGISTRATION ACT 2012 LAWS OF KENYA
FELIX KIAMBI GITURU...............................................................EX-PARTE APPLICANT
VERSUS
LAND REGISTRAR MERU SOUTH DISTRICT...........................................RESPONDENT
BENARD MUGAMBI M'MURAA.....................................................INTERESTED PARTY
R U L I N G
This application is predicated upon Section 99, Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules and all other enabling provision of the law. It seeks orders:
THAT the Order issued on 3rd July 2014 be corrected and/or rectified to remove typographical errors indicating Land registrar Meru South instead of Land Registrar Meru Central.
THAT the costs of this application be provided for.
The application is buttressed by the affidavit of FELIX KIAMBI GITURU and has the following grounds:
a) It was erroneously and accidentally stated that the Land Registrar Meru South instead of the Land Registrar Meru Central to resurvey Land Parcels No. ABOGETA/U-KITHANGARI/40 and ABOGETA/U-KIUNGONE 1302 and deal with the boundary dispute to ascertain each parties boundary and allow the succession cause to proceed with the exact portion of acreage of the above mentioned parcels of land.
b) THAT the said order cannot be implemented as it is and it is therefore necessary to correct the accidental slip and/or error.
c) THAT no prejudice will be suffered by the residents.
On 5. 11. 2015, Mr. Nyenyire told the Court that the application was merely meant to make a small correction to enable the applicant serve the orders issued by this Court on 3rd July, 2014 on the Land Registrar, Meru Central, instead of the wrongly cited Land Registrar, Meru South.
Mr. Nyenyire told the court that the application was not opposed. I agree. Mr. Kieti for the Respondent told the Court that he was not opposed to the application.
In the circumstances, the application is allowed.
Costs shall be in the cause.
It is so ordered
Delivered in Open Court at Meru this 5th day of November, 2015 in the presence of:
Cc. Lilian/Daniel
Nyenyire for the Applicant
Kieti for the respondent
P. M. NJOROGE
JUDGE