Rayat Trading Co. Bank Limited v Bank of Baroda & another
Rayat Trading Co. Bank Limited v Bank of Baroda & another [2025] KEHC 10661 (KLR)
The court found that the omission in the judgment regarding which party is liable to pay the Kshs. 22 million damages was an accidental slip or omission. The intention of the court, as evidenced by the judgment's reasoning, was that the 1st defendant, not the 2nd defendant, should bear liability for the damages. The slip rule under section 99 of the Civil Procedure Act empowers the court to correct such omissions to give effect to its original intention, and this jurisdiction is not ousted by the doctrine of functus officio. The application did not seek a substantive review or alteration of t…
Source excerpt
- Slip Rule
- Rectification Of Judgment
- Clerical Error
- Liability For Damages