Ngugi & 2 others v Njau (Suing as the Next of Friend Of Simon Njau Kamakia alias Njau Kamakia) & 2 others (Environment & Land Case 400 of 2017) [2022] KEELC 3592 (KLR)
The bottom line
#Kenya's Environment and Land Court will only fix genuine clerical slips in judgments, not mistakes litigants made in their own pleadings.
What this practically means
#Executive summary
#Key legal issues
#Whether the court can rectify its judgment to substitute parcel number Loc 4/Gakarara/853 with Loc 4/Gakarara/583 under Sections 99 and 100 of the Civil Procedure Act
Refused - the parcel number error originated from the Plaintiffs' amended plaint, not the judgment, so there is no error apparent on the face of the record.
The court reviewed Section 99 and 100 of the Civil Procedure Act and Order 45 Rule 1, noting that rectification is only available where the judgment itself contains a clerical mistake or accidental slip. Here, the pleadings themselves referred to both parcels 583 and 853, and judgment was rendered on those pleadings. Correcting the parcel number would go beyond rectifying a slip in the judgment and would alter the suit as pleaded, which the slip-rule jurisdiction does not permit.
Whether the omission of the letter 'A' from the name John Kamakia in Order D (II) of the judgment is a rectifiable error
Granted - the omission qualifies as an error apparent on the face of the record.
The court accepted that the omission of 'A' from the name John Kamakia in Order D (ii) of the judgment was an accidental slip by the trial court, evident without elaborate argument. Such an error falls squarely within Section 99 of the Civil Procedure Act and may be corrected to give effect to the court's intention at the time of judgment.
Whether the caution lodged by Joseph Ngugi Njau, a non-party, over the suit land should be removed
Refused - removing the caution would condemn the cautioner unheard, and no evidence shows he was aware of the suit.
Under Sections 71 and 73 of the Land Registration Act, a caution may be removed by court order, but the cautioner here was not a party to the suit and there is no evidence he was aware of it or neglected to participate. Removing the caution without hearing him would violate the rules of natural justice, so the court declined prayer (c).
Legal principles established
#- A court's power to correct clerical errors under Section 99 of the Civil Procedure Act may only be exercised where it gives effect to the intention of the court at the time judgment was given, or where it is satisfied beyond doubt as to the order it would have made had the matter been brought to its attention.
- An error apparent on the face of the record must be self-evident and not require elaborate argument; a wrong application of the law or an erroneous conclusion of law is not a ground for review.
- A court will exercise restraint in ordering removal of a caution lodged by a non-party who has not been heard.
Court orders
#- 1.Prayer (b) of the Notice of Motion dated June 2, 2021 allowed - the judgment and decree in Order D (II) rectified to read John Kamakia Ngugi 'A' instead of John Kamakia 'B'
- 2.Prayer (a) (rectification of parcel number from Loc 4/Gakarara/853 to Loc 4/Gakarara/583) disallowed
- 3.Prayer (c) (removal of caution lodged by Joseph Ngugi Njau over parcel Loc 4/Gakarara/583) disallowed
- 4.No orders as to costs, parties being relatives
- Jurisdiction invoked
- Sections 99 and 100 of the Civil Procedure Act (Cap 21); Order 45 Rule 1 Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngugi & 2 others v Njau (Suing as the Next of Friend Of Simon Njau Kamakia alias Njau Kamakia) & 2 others (Environment & Land Case 400 of 2017) [2022] KEELC 3592 (KLR)", Case Analysis (2022). Notice of Motion Application dated June 2, 2021 (arising from suit over Loc 4/Gakarara/853). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3592/eng@2022-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.