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ELCAllowedNot stated in the judgment· [2019] KEELC 3210 (KLR)

James Mutugi Mwithi v Dedan Mugo Mwangi [2019] KEELC 3210 (KLR)

High Court of Kenya
27 May 2019
PNP.M. Njoroge
584 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed that a simple typing mistake in a party's name can be quickly corrected through review, without derailing the case.

What this practically means

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Executive summary

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This was an application dated 17th May, 2019 seeking review of the court's orders issued on 8th April, 2019 in an Originating Summons between James Mutugi Mwithi (plaintiff) and Dedan Mugo Mwangi (defendant). The application, supported by an affidavit of Mr Stephen Kaai, the plaintiff's advocate, was grounded on the claim that there was an error apparent on the face of the record: while the pleadings named the defendant as Dedan Mugo Mwangi, the application for leave to serve the Originating Summons by substituted service erroneously named him Daniel Mugo Mwangi owing to a slip of the pen. The error was discovered on 7th May, 2019 when counsel attended the registry to extract the order for advertisement in the Nation Newspapers. It was contended that no prejudice would be caused to the defendant since the order had not been extracted nor service effected by advertisement, and that the application was made without unreasonable delay. When the application was heard on 27th May, 2019, advocate Kaai Mugambi relied on his pleadings. The court found the application had merit and allowed the plaintiff to name the defendant as Dedan Mugo Mwangi. The judgment does not name any authorities or statutes, and the case number and neutral citation are not stated.

Key legal issues

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01

Whether a misnomer of the defendant in an interlocutory order constitutes an error apparent on the face of the record justifying review

Holding

Yes; the order was reviewed so that the defendant is named Dedan Mugo Mwangi as in the Originating Summons.

Reasoning

The Originating Summons named the defendant as Dedan Mugo Mwangi, but the application for leave to serve by substituted service erroneously named him Daniel Mugo Mwangi owing to a slip of the pen. The error was discovered when extracting the order for advertisement, and since no service by advertisement had been effected, no prejudice would be caused. The court found the application had merit and allowed the correction without unreasonable delay.

p. 2

Legal principles established

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  • A clerical error in naming a party in an order, where the pleadings bear the correct name, is an error apparent on the face of the record warranting review.

Court orders

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  1. 1.The plaintiff is allowed to name the defendant as Dedan Mugo Mwangi
  2. 2.It is so ordered
Jurisdiction invoked
Inherent power to review its own orders (the judgment does not cite a specific provision)

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, "James Mutugi Mwithi v Dedan Mugo Mwangi [2019] KEELC 3210 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3210/eng@2019-05-27

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