Peter Chege Kiarie v George Matu & 3 others (Being sued as the Chairman, secretary, treasurer and Organizing Secretary respectively of Versityville Association) [2019] KEELC 1074 (KLR)

Section 99 vests power to correct clerical or arithmetical mistakes or errors from accidental slip or omission. The court perused the judgment and noted that although the trial judge found the Defendants had proved their case, only two of five counterclaim prayers were granted. Prayer (c) was for general damages, which the court would not have awarded in a vacuum without quantifying them. Correction would therefore not give effect to the judgment's intention, per the Omenye test.

Section 7 of the Appellate Jurisdiction Act empowers the court, having equal status with the High Court, to extend time. Applying the Stanley Kahoro Mwangi principles, the applicant must show good cause for the whole period of delay. Counsel's explanation was accepted absent contrary evidence, and the short delay caused no injustice to the Defendants.

The Memorandum of Appeal belongs to the proper registry (the appellate court) and must be presented there, with requisite fees paid and the document stamped. Ordering deeming in this Court would be acting ultra vires, and the documents had not met those conditions.

Relying on Abubaker Mohamed Al-Amin v Firdaus Siwa Somo and the cited Meoli J observation, the existence of an appeal is a condition precedent to stay under Order 42 Rule 6(1). Since the Memorandum of Appeal could not be deemed filed and no appeal was on record, the stay prayer was premature and disallowed.