Planet Foods Limited v Obonyo & another
The bottom line
#A Kenyan court can fix a missing land title number in an old court order, even years later, so the order can finally be implemented.
What this practically means
#Executive summary
#Key legal issues
#Whether an omitted land registration number in a consent order can be inserted under section 99 of the Civil Procedure Act
Yes - the omission was an accidental slip or omission; the deeds of settlement show the parties intended the full description and registration number to be included, so the amendment determines the real question in issue.
The court examined the deeds of settlement which led to the consent order and found their intent was to settle the ownership dispute in favour of the plaintiff. The omission of the registration number and property description from the extracted order was an accidental slip. Sections 99 and 100 empower the court to correct such omissions and make necessary amendments to determine the real question or issue, even after the order was issued.
Whether functus officio bars the amendment
No - sections 99 and 100 vest a general power to correct or amend records and are an exception to the functus officio doctrine, following Leonard Mambo Kuria v Ann Wanjiru Mambo.
The respondents argued the court became functus officio after issuing final orders. The court adopted the reasoning in Leonard Mambo Kuria that the correction and amendment provisions are an exception to functus officio, since the doctrine does not prevent a court from correcting clerical errors; the purpose of the doctrine is finality, not to bar slip corrections.
Whether the application was defective for being brought under the wrong provisions
No - Article 159(2) requires courts to do justice without undue regard to procedural technicality, and under Order 51 rule 1 a notice of motion is the prescribed procedure where none is specified.
The respondents contended the application was incurably defective because it was brought under section 63(e) of the Civil Procedure Act and Order 8, which concern amendment of pleadings. The court held that no specific procedure is prescribed under sections 99 and 100, so under Order 51 rule 1 a notice of motion is the prescribed procedure, and article 159(2) displaces undue procedural technicality.
Legal principles established
#- Section 99 of the Civil Procedure Act permits correction of clerical or arithmetical mistakes or accidental slips or omissions in judgments, decrees or orders at any time, on the court's own motion or on application.
- Sections 99 and 100 of the Civil Procedure Act are an exception to the doctrine of functus officio.
Court orders
#- 1.Leave granted to the plaintiff to amend paragraph 1 of the court order issued on 3 August 2010 to include the deeds of settlement, full description of L.R No.209/20529 and related particulars
- 2.The draft Amended Court Order annexed to the application adopted
- 3.Application allowed without costs
- Jurisdiction invoked
- Sections 99 and 100 of the Civil Procedure Act (correction of clerical mistakes and amendment of defects in judgments/orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Planet Foods Limited v Obonyo & another", Case Analysis (2023). Environment & Land Case 357 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15881/eng@2023-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.