Wilson Kaiga Gidion Gudahi v (suing as the legal representative of the Estate of the late Gideon Gudahi Kahiga) v Daniel Livoi Gideon [2020] KEELC 3766 (KLR)
The bottom line
#A Kenyan court corrected its own order, swapping the wrong police station for the right one so a land survey could proceed with security.
What this practically means
#Executive summary
#Key legal issues
#Whether the orders of 21st November 2019 should be reviewed to correct a mistake as to the proper police station
The order was varied because the plaintiff had mistakenly named Mukuyuni Police Station when the land falls within the jurisdiction of Mbakalo Police Station.
The plaintiff himself supplied the name Mukuyuni Police Station in his application, but it emerged that Mukuyuni is a police post, not a station, and that the Officer Commanding Mbakalo Police Station is the proper officer within whose jurisdiction the disputed parcel lies. This constituted a mistake or error apparent on the face of the record justifying review under Order 45 Rule 1 and the inherent jurisdiction under Section 3A of the Civil Procedure Act. The application was uncontested.
Legal principles established
#- The court possesses inherent power under Section 3A of the Civil Procedure Act to make orders necessary for the ends of justice or to prevent abuse of process
- Order 45 Rule 1 of the Civil Procedure Rules empowers the court to review its own orders where there is a mistake or error apparent on the face of the record or for any other sufficient reason
Court orders
#- 1.The court's ruling dated 21st November 2019 is varied in paragraph 2 to read: 'The OCS MBAKALO POLICE STATION to provide security during the exercise.'
- 2.No order as to costs
- Jurisdiction invoked
- Sections 1, 1A, 3 and 3A of the Civil Procedure Act (review of court's own orders, Order 45 Rule 1 Civil Procedure Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wilson Kaiga Gidion Gudahi v (suing as the legal representative of the Estate of the late Gideon Gudahi Kahiga) v Daniel Livoi Gideon [2020] KEELC 3766 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3766/eng@2020-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.