Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment as provided· [2024] KEELC 436 (KLR)

Kiraithe v John; Kastilal & another (Interested Parties) (Environment & Land Case 73 of 2015) [2024] KEELC 436 (KLR)

Environment and Land Court
31 January 2024
CNCK NZILI
273 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court confirmed it can correct typing mistakes in judgments and decrees so winners can actually enforce what they were awarded.

What this practically means

#

Executive summary

#
This was an application dated 19.6.2023 seeking correction of typing errors in a judgment and decree for purposes of implementation of the decree. The applicant, the decree holder, identified four errors: the omission of parcels No.614 and 699 from the judgment; a misdescription of the suit land; the wrongful inclusion of parcel 629 instead of L.R No. 299; and the wrong date of gazette No.2771, stated as 13.5.2019 instead of 13.5.1999. The applicant characterised these as clerical errors rectifiable under Section 99 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules. The court observed that it was not in dispute that the plaintiff had filed an amended plaint dated 6.8.2004 describing the suit property as L.R No.7143, now L.R No. Timau/Timau/Block 7/1-763, comprising parcels No's 283, 578, 613, 614, 625, 626, 628 and 699, and that the applicant had led evidence in line with those pleadings. Because paragraphs 1, 50 and 88 of the judgment were inconsistent both with the amended plaint and with paragraphs 3, 32, 52, 57 and 61 of the judgment itself, the court was satisfied that the errors were clerical and exercised its powers under Sections 99 and 100 of the Civil Procedure Act to allow the application. It ordered that an amended judgment and decree be issued reflecting the changes, with no order as to costs. The ruling was delivered at Meru on 31 January 2024.

Key legal issues

#
01

Rectification of clerical errors under Section 99 of the Civil Procedure Act

Holding

The court has power to correct clerical errors in a judgment where the judgment does not accord with the pleadings and the evidence, and may order the issuance of an amended judgment and decree.

Reasoning

The applicant identified specific omissions and misdescriptions in the judgment. The court noted that the amended plaint described the suit property as L.R No.7143, now L.R No. Timau/Timau/Block 7/1-763 with listed parcels, and that the applicant led evidence in line with those pleadings. Since paragraphs of the judgment were inconsistent with the plaint and other paragraphs of the judgment itself, the errors were clerical and rectifiable under Sections 99 and 100.

p. 2

Legal principles established

#
  • A court may, under Section 99 of the Civil Procedure Act, rectify clerical or arithmetical mistakes in judgments so that the judgment accords with the pleadings and the evidence tendered.

Court orders

#
  1. 1.The application dated 19.6.2023 is allowed under Sections 99 and 100 of the Civil Procedure Act
  2. 2.An amended judgment and a decree shall be issued reflecting the identified changes
  3. 3.No order as to costs

Authorities

#

Legislation

  • Civil Procedure ActSection 99
  • Civil Procedure ActSection 100
  • Civil Procedure RulesOrder 51
Jurisdiction invoked
Sections 99 and 100 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kiraithe v John; Kastilal & another (Interested Parties) (Environment & Land Case 73 of 2015) [2024] KEELC 436 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/436/eng@2024-01-31

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