[2005] KEHC 2495 (KLR)

[2005] KEHC 2495 (KLR)

The court found that there was an error apparent on the face of the record because judgment was entered on the original plaint instead of the amended plaint. This error resulted in a substantial part of the plaintiff's claim being left out of consideration. Since the application for review was unopposed and the...

Source-derived case information.

Citation
[2005] KEHC 2495 (KLR)
Parties
Plaintiff: Richard Odipo Othira; Defendant: Sonyaco Sacco
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Civil Case 298 of 1997
Procedural Posture
Civil Case / Ruling on Application for Review of Judgment
Outcome
application allowed; judgment set aside; suit to be heard afresh
Legal Topics
Review of Judgment, Amended Pleadings, Error on Face of Record
Source Language
en
Civil Procedure Review of Judgment Amended Pleadings Error on Face of Record

Source-derived case record

Summary, issues, holding and outcome

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Parties

Richard Odipo Othira

Plaintiff

Sonyaco Sacco

Defendant

Procedural Posture

Civil Case / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the court should review and set aside its judgment entered on the original plaint instead of the amended plaint.
  2. 2 Whether there was an error apparent on the face of the record justifying review.

Ratio Decidendi

The court found that there was an error apparent on the face of the record because judgment was entered on the original plaint instead of the amended plaint. This error resulted in a substantial part of the plaintiff's claim being left out of consideration. Since the application for review was unopposed and the error was clear, the court exercised its discretion to allow the application, set aside the judgment dated 13th November 2002, and ordered that the suit be heard afresh on the basis of the amended plaint.

Court Disposition

application allowed; judgment set aside; suit to be heard afresh

Orders

  • Judgment entered on 13th November 2002 is set aside.
  • The suit shall be heard afresh.