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The applicant demonstrated a technical delay due to clerical errors not attributable to her, acted promptly after the appeal was struck out, and adequately explained the delay. The law allows correction of clerical errors at any time and extension of time for good cause.
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The omission to specify that the maintenance amount is payable monthly is not a clerical error but goes to the substance of the judgment and decree. Such a substantive change cannot be made under sections 95 and 96 of the Civil Procedure Code. The application is therefore dismissed as misconceived and unmerited.
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The Court of Appeal held that the trial court lacked jurisdiction to rectify its judgment while the matter was already on appeal, rendering later proceedings a nullity.
The omission of the terms of the 20th April 2022 settlement agreement from the consent judgment and decree was an accidental slip by the Court, not a substantive change or review. The Court has jurisdiction under Section 96 of the Civil Procedure Code and Rule 75 of the Commercial Court Rules to rectify such errors to ensure the record accurately reflects the proceedings and the parties' intentions. Rectification will not impose obligations on parties not privy to the omitted settlement and will not prejudice the Respondents.
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The Court has inherent jurisdiction to correct its judgment where reliance was placed on a non-existent exhibit due to an accidental slip, and the operative finding must be substituted to reflect wrongful termination of tenancy by the respondent.
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