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ELCPartially AllowedNot stated in the judgment· [2018] KEELC 4716 (KLR)

Jackson R. K. Chepkwony v Michael Kipkorir Langat [2018] KEELC 4716 (KLR)

Environment and Land Court (High Court as constituted for land disputes), Nakuru
31 January 2018
1,228 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court corrected a land decree that mixed up parcel numbers, confirming clerical errors can be fixed anytime under the slip rule.

What this practically means

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Executive summary

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The plaintiff brought a Notice of Motion dated 2nd December 2017 under Sections 1A, 1B and 99 of the Civil Procedure Act seeking amendment of the decree issued on 13th May 2011 so that the suit property described as Nakuru/Tinet/Sotik/260 would read Nakuru/Tinet/Sotik/460, together with ancillary amendments to the eviction order and police security orders. Judgment in the suit had been delivered on 22nd October 2010 by Anyara Emukule J. in the plaintiff's favour on prayers (a) and (c) of the plaint, which concerned parcel Nakuru/Tinet/Sotik/460. The decree, however, erroneously recited a claim over parcel 260. The defendant, though served, filed no response, and plaintiff's counsel abandoned prayers 3 and 4, pressing only the amendment of the decree and costs in the cause. Justice D. O. Ohungo set out section 99 (the slip rule) and Order 21 rule 7(1) of the Civil Procedure Rules 2010, and applied the Court of Appeal's guidance in the Omenye case, drawing on Raniga v. Jivraj, Lakhamshi Brothers and Davda, that the power exists only to give effect to the court's manifest intention at the time of judgment. Comparing the judgment, the plaint and the decree, the court found the mismatch in parcel numbers was a typographical error in the portion narrating the particulars of the claim. The application was allowed: the decree was amended to read Nakuru/Tinet/Sotik/460 instead of 260, with no order as to costs.

Key legal issues

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01

Whether the discrepancy between the decree (parcel 260) and the judgment/plaint (parcel 460) was a correctable clerical error under section 99

Holding

Yes - the decree erroneously referred to parcel 260 whereas the claim before the court concerned parcel 460; the error was in the portion capturing particulars of the claim and was corrected under the slip rule

Reasoning

The court compared the judgment of 22nd October 2010 and the plaint prayers with the decree of 13th May 2011. The plaint sought eviction from parcel 460; the decree recited a claim over parcel 260. Following the authorities on the slip rule, the court held the mismatch was an accidental slip in expressing the court's manifest intention and allowed the amendment.

p. 2

Legal principles established

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  • Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission, may at any time be corrected by the court of its own motion or on application
  • The power under the slip rule is exercisable only to give effect to the court's manifest intention at the time of judgment

Court orders

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  1. 1.The decree issued on 13th May 2011 is amended so that the section narrating the particulars of the claim reads Nakuru/Tinet/Sotik/460 instead of Nakuru/Tinet/Sotik/260
  2. 2.No order as to costs
Jurisdiction invoked
Sections 1A, 1B and 99 of the Civil Procedure Act (slip rule); Order 21 rule 7(1) of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jackson R. K. Chepkwony v Michael Kipkorir Langat [2018] KEELC 4716 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4716/eng@2018-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.