[2014] KEHC 5726 (KLR)
The court found that the original judgment inadvertently omitted L.R. No. E. Wanga/Malaha/626 from the list of parcels to be cancelled and registered in the applicants' names, despite the plaint and prayers including this parcel and the court having found in favour of the plaintiffs. This constituted an error...
Source-derived case information.
- Citation
- [2014] KEHC 5726 (KLR)
- Parties
- Applicant: Teresina Mukele Rapando; Applicant: Salome Natsala Malala; Respondent: Grace Omukwaya Malala
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Case 78 of 1998
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application allowed
- Legal Topics
- Review of Judgment, Error Apparent on Record, Land Registration, Rectification of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresina Mukele Rapando
Applicant
Salome Natsala Malala
Applicant
Grace Omukwaya Malala
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether there was an error apparent on the face of the judgment in omitting L.R. No. E. Wanga/Malaha/626 from the cancellation order.
- 2 Whether the court should review its judgment to include L.R. No. E. Wanga/Malaha/626 in the orders for cancellation and registration in the applicants' names.
Ratio Decidendi
The court found that the original judgment inadvertently omitted L.R. No. E. Wanga/Malaha/626 from the list of parcels to be cancelled and registered in the applicants' names, despite the plaint and prayers including this parcel and the court having found in favour of the plaintiffs. This constituted an error apparent on the face of the record. The court held that it had jurisdiction to review its judgment to correct such an error and that the omission should be rectified to reflect the true intention of the judgment. Accordingly, the application for review was allowed, and the order was amended to include L.R. No. E. Wanga/Malaha/626 among the parcels to be cancelled and registered...
Court Disposition
application allowed
Orders
- The judgment dated 4.7.2013 is reviewed to include L.R. No. E. Wanga/Malaha/626 in the cancellation and registration order.
- The District Land Registrar, Kakamega, is directed to cancel the registration of title deed to L.R. No. E. Wanga/Malaha/626 in the name of Peter Waswa Rapando and register it jointly in the names of the plaintiffs/applicants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL CASE NO. 78 OF 1998
TERESINA MUKELE RAPANDO …............. 1ST PLAINTIFF/APPLICANT
SALOME NATSALA MALALA ….................2ND PLAINTIFF/APPLICANT
VERSUS
GRACE OMUKWAYA MALALA..................DEFENDANT/RESPONDENT
RULING
1. By an application dated 13. 8.2013, the Applicant has sought orders;
(I). The court be pleased to review its judgment rendered on 4. 7.2013.
(ii). That the District Land Registrar Kakamega to cancel registration of title deed to L.R. No. E. Wanga/Malaha/626 in the name of Peter Waswa Rapando and register it jointly in the names of the Plaintiff/Applicants.
2. The application is premised on the grounds listed on the face of it inter alia;
(a). There is an error apparent on the face of the judgment.
(b). The Plaintiffs suit against the Defendant were for orders inter alia that the court cancels registration of land parcel Nos. E. Wanga/Malaha/626, 627,628,629,630 and 631 to be registered jointly in the names of the Plaintiffs.
(c). The Judgment ordered cancellation of L.R. Nos. E.Wanga/Malaha/627,628,629,630,631 while omitting 626.
3. That I have perused the plaint filed in court on 29th October 1998. At paragraph 6 and 7 thereof, it confirms the claim was for the suit parcels were comprised in E. Wanga/Malaha/626,627,628,629,630 and 631. In the prayers sought, the Plaintiffs asked for transfer of suit parcels 626 – 631 into their names.
4. In my judgment, I did allow the plaintiff's claim and issued an order directed at the District Land Registrar, Kakamega to cancel registrations of the title deeds for land parcel L.R. Nos.E. Wanga/Malaha/627-631 and register them jointly in the names of the Plaintiffs. It is therefore true that there was an error on the record as I inadvertently omitted to include L.R. No. E. Wanga/Malaha/626 in my final order having found in favour of the Plaintiffs.
5. The application for review is therefore merited and is allowed as presented with costs in the cause.
DATED, SIGNED and DELIVERED this 20th day of March 2014
A. OMOLLO
JUDGE.