Auto Hauliers (K) Limited v Ministry of Lands and Physical Planning & 4 others (Environment & Land Petition 19 of 2022) [2024] KEELC 7411 (KLR)
The bottom line
#Kenya's Environment and Land Court in Mombasa corrected an arithmetic error in its own judgment, fixing the damages award at Kshs 18 million plus interest totalling Kshs 108 million.
What this practically means
#Executive summary
#Key legal issues
#Whether the court may rectify the arithmetic error in Order 5 of its judgment awarding Kshs. 90,000,000 as general damages
The application was merited; the award was rectified to Kshs. 18,000,000 as general damages (5% of Kshs. 360,000,000), with interest for the years 2017 to 2022 totalling Kshs. 108,000,000
Section 99 of the Civil Procedure Act codifies the slip rule, permitting correction of clerical or arithmetical mistakes at any time. Relying on V. Karsandas Ramuga and Newmont Yandal Operations, the court held the slip rule is exercised only to give effect to the court's intention at the time of judgment. The 5% arithmetic error in the award was a plain mistake correctable under Section 99, and the court clarified the award with interest for the six years 2017 to 2022.
Who bears the costs of the application
No orders as to costs
Costs follow the event under Section 27(1) of the Civil Procedure Act, and the successful party is ordinarily entitled to costs. However, the court exercised its discretion not to award costs, expressly reserving its discretion in not awarding costs despite the application having succeeded.
Legal principles established
#- Under Section 99 of the Civil Procedure Act, clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission, may at any time be corrected by the court of its own motion or on application of a party.
- The slip rule applies as part of the court's inherent jurisdiction, which would otherwise be functus officio upon issuing judgment, but only for limited purposes such as clerical errors and arithmetical mistakes.
Court orders
#- 1.The Notice of Motion application dated 9th September, 2024 is found to have merit
- 2.The Petitioner is awarded Kenya Shillings Eighteen Million (Kshs 18,000,000/-) being General damages of 5% of the quantified damages of Kshs 360,000,000/- for loss of user on the unconstitutional and unlawful acquisition of land to the Government, with interest for the years 2017, 2018, 2019, 2020, 2021 and 2022, being a total sum of Kenya Shillings One Hundred and Eight Million (Kshs. 108,000,000/=)
- 3.There shall be no orders as to costs of the Notice of Motion application dated 9th September, 2024
- Jurisdiction invoked
- Sections 1A, 3A and 99 of the Civil Procedure Act Cap 21; Rules 19 and 25 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Auto Hauliers (K) Limited v Ministry of Lands and Physical Planning & 4 others (Environment & Land Petition 19 of 2022) [2024] KEELC 7411 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7411/eng@2024-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.