[2024] KEHC 4445 (KLR)
The court found that there was an accidental slip in its previous ruling regarding the date of certification of costs. The certificate was actually given on 19/7/2023 and issued on 26/7/2023, not dated 6/9/2023 as previously indicated. The correction does not affect the merits or the figures of the case. The court...
Source-derived case information.
- Citation
- [2024] KEHC 4445 (KLR)
- Parties
- Applicant: Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates; Respondent: Atta (Kenya) Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E049 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Correct Accidental Slip
- Outcome
- Application for correction of accidental slip allowed.
- Judges
- DKN Magare
- Legal Topics
- Review of Judgment, Correction of Accidental Slip, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates
Applicant
Atta (Kenya) Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Correct Accidental Slip
Legal Issues
- 1 Whether the court should correct an accidental slip in its previous ruling regarding the date of certification of costs.
- 2 Whether the correction affects the merits or figures of the case.
Ratio Decidendi
The court found that there was an accidental slip in its previous ruling regarding the date of certification of costs. The certificate was actually given on 19/7/2023 and issued on 26/7/2023, not dated 6/9/2023 as previously indicated. The correction does not affect the merits or the figures of the case. The court exercised its power to correct the slip under Section 99 of the Civil Procedure Act, ensuring the record accurately reflects the facts without altering the substance of the decision.
Court Disposition
Application for correction of accidental slip allowed.
Orders
- Paragraph a of the previous ruling is rectified by deleting the date 6/9/2023 and inserting 'given on 19/7/2023 and issued on 26/7/2023'.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
19 paragraphs
Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates v Atta (Kenya) Limited (Miscellaneous Application E049 of 2023) [2024] KEHC 4445 (KLR) (2 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4445 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E049 of 2023
DKN Magare, J
May 2, 2024
Between
Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates
Applicant
and
Atta (Kenya) Limited
Respondent
Ruling
1. This is a ruling in respect of the Applicant Application dated 18/4/2024. It is indicated as an application for review. In real sense it is an application for correct of an accidental slip.
2. In allowing the Application dated 22/12/2023, I indicated that the certificate was dated 6/9/2023. However, I also indicated that the amount shall attract interest from 26/8/2023, being 30 days from the date of certification. It is clear that the date of certification was 26/7/2023.
3. The slip does not go to the merit of the case or the figures. Therefore, I correct the slip and rectify paragraph a of the ruling by deleting the date 6/9/2023 and in lieu thereof inserting words ‘given on 19/7/2023 and issued on 26/7/2023.
4. Each party shall bear their own costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 2ND DAY OF MAY, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Mohamed for the ApplicantNo appearance for the RespondentCourt Assistant- Brian