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ELCAllowedEnvironment and Land Case E015 of 2021· [2023] KEELC 20594 (KLR)

Mwega v Kailutha & 4 others

Environment and Land Court
11 October 2023
CNCK NZILI
667 words in judgment
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The bottom line

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A Kenyan court corrected a wrong land parcel number in its judgment, confirming that genuine clerical slips can be fixed without a fresh trial.

What this practically means

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Executive summary

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This is a ruling by CK Nzili, J of the Environment and Land Court at Meru on the plaintiff's application to correct the judgment delivered on 2 November 2022 in Environment and Land Case E015 of 2021. The applicant sought correction of a misdescription of the suit property, which appeared throughout the pleadings and the judgment as LR No. Ruiri/Rwarera/2247 instead of LR No. Ruiri/Rwarera/2447. He argued the error was an inadvertent mistake by his advocate, that the correct parcel number appeared in the sale agreement and title deed produced as exhibits, and that his uncontroverted evidence should not be prejudiced by his lawyer's slip. The court invoked Sections 99 and 100 of the Civil Procedure Act, which empower a court to correct clerical or arithmetical mistakes or errors arising from accidental slip or omission, an exception to the functus officio doctrine. Relying on Leonard Mambo Kuria v Ann Wanjiru Mambo and Jersey Evening Post Ltd v Ai Thani, the court noted the power exists until the judgment is perfected. Citing Republic v AG Ex-parte Kenya Seed Co. Ltd, it acknowledged the slip rule cannot be used to re-adjudicate or vary the substance of a judgment. Finding that the evidence of PW1 and exhibits correctly captured the property, the court held the mistake was inadvertent, genuine and curable. It allowed the application, ordered an amended judgment reflecting the change in paragraphs 1, 6 and 13 of the judgment dated 2.11.2022, and made no order as to costs.

Key legal issues

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Whether the misdescription of the suit property was a curable clerical mistake

Holding

The mistake was inadvertent and genuine, starting in the initial pleadings and carried into the judgment, and was curable under Sections 99 and 100 of the Civil Procedure Act.

Reasoning

The plaintiff showed the error ran consistently through the pleadings to the judgment, while the sale agreement, title deed and PW1's evidence correctly identified the property as LR No. Ruiri/Rwarera/2447. The correction was a mere slip, not a substantive alteration, so the slip rule applied as an exception to functus officio.

p. 2

Legal principles established

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  • Sections 99 and 100 of the Civil Procedure Act empower a court to correct clerical or arithmetical mistakes in judgments, decrees or orders arising from accidental slip or omission, as an exception to functus officio.
  • The slip rule does not permit a court to sit on appeal over its own decisions or vary the substance of a judgment.

Court orders

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  1. 1.Application allowed
  2. 2.Amended judgment to be issued reflecting the change in paragraphs 1, 6, and 13 of the judgment dated 2.11.2022, correcting the suit property to LR No. Ruiri/Rwarera/2447
  3. 3.No order as to costs

Authorities

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Legislation

  • Civil Procedure ActSection 99
  • Civil Procedure ActSection 100

Cases cited (3)

  • Leonard Mambo Kuria v Ann Wanjiru Mambo
    (2017) eKLR

    Sections 99 and 100 vest a general power to correct or amend the record, an exception to functus officio.

  • Jersey Evening Post Ltd v Ai Thani
    (2002) JLR 542

    Functus officio does not prevent a judicial change of mind before the judgment or order is perfected.

  • Republic v AG & others Ex-parte Kenya Seed Co. Ltd & others
    (2010) eKLR

    The slip rule applies out of inherent jurisdiction only to give effect to the actual intention of the judgment, not to re-do the case.

Jurisdiction invoked
Sections 99 and 100 of the Civil Procedure Act

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, "Mwega v Kailutha & 4 others", Case Analysis (2023). Environment and Land Case E015 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20594/eng@2023-10-11

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