Jackson R. K. Chepkwony v Michael Kipkorir Langat [2018] KEELC 4716 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the discrepancy between the decree (parcel 260) and the judgment/plaint (parcel 460) was a correctable clerical error under section 99
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
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.
Legal principles established
#- 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
#- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.