Susan Njoki Njuguna v Juja Consituency Development Fund Committee & 3 others [2021] KEELC 1420 (KLR)
The bottom line
#A Kenyan court fixed a wrong land reference number in its own judgment using section 99 of the Civil Procedure Act — no appeal needed.
What this practically means
#Executive summary
#Key legal issues
#Whether the discrepancy in the land reference number in the judgment and decree was a clerical error correctable under section 99 of the Civil Procedure Act
Yes. The court verified against the pleadings that the parcel in dispute was L.R No. Ruiru Kiu/Block 2 (Githunguri)/4979 and that writing 4997 was a clerical error appearing on pages 1, 11 and 12 of the judgment and replicated in the decree.
The court perused the letter from the plaintiff's advocates, the pleadings, the judgment and the decree and confirmed that the subject property in dispute was 4979, not 4997. The wrong number was a slip replicated from the judgment into the decree, squarely within the scope of section 99, which permits correction either on the court's own motion or on application by a party.
Whether the correction should be granted where it was sought through a letter rather than a formal application, and where one defendant was absent
The correction was allowed. The 2nd, 3rd and 4th defendants had no objection; the 1st defendant did not attend the mention despite notice; and the court was satisfied the error existed and was correctable.
The court noted that since the correction was not being undertaken on the court's own motion, it involved the other parties by directing a mention with notice to all parties. With no objection from the advocates present and satisfaction that the error existed and was correctable under section 99, the correction was allowed notwithstanding the 1st defendant's non-attendance.
Legal principles established
#- Under section 99 of the Civil Procedure Act the court may, on its own motion or on the application of any party, correct clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission.
Court orders
#- 1.The Judgment delivered on 17th December, 2020 is amended at pages 1, 11 and 12 thereof by deleting 4997 where it appears in the land reference number and inserting 4979 in place thereof.
- 2.The decree of the court issued on 20th January, 2021 shall be amended to accord with the judgment as amended.
- Jurisdiction invoked
- Section 99 of the Civil Procedure Act, Chapter 21 Laws of Kenya (power to correct clerical or arithmetical mistakes in judgments, decrees or orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Susan Njoki Njuguna v Juja Consituency Development Fund Committee & 3 others [2021] KEELC 1420 (KLR)", Case Analysis (2021). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1420/eng@2021-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.