Muriuki v Mathenge (Enviromental and Land Originating Summons 245 of 2014) [2025] KEELC 5660 (KLR)
The bottom line
#A Mombasa court corrected a name error in a land judgment and lifted an obsolete restriction, letting the winning party finally register her land.
What this practically means
#Executive summary
#Key legal issues
#Rectification of the Defendant's name in the judgment and decree
Rectification is proper where necessary to give effect to the judgment, the official search having borne a different name from the one on the Green Card, with the later entry unsigned and unapproved.
The certificate of official search showed the proprietor as Johnson Githongori Mathenge, while the Green Card's first entry of 9th March 1959 was in the name Githogori S/o Kibatha and the second entry of 29th November 2006 in the name Johnson Githongori Mathenge was unsigned and unapproved. The Plaintiff deponed that both names refer to the same person, and the Defendant did not controvert that position. The court found rectification necessary to enable execution of the decree.
Removal of the restriction on the suit title
The restriction, meant to preserve the position pending a Land Disputes Tribunal appeal, should be removed because the Tribunals were abolished by the repeal of the Land Disputes Tribunal Act.
The restriction was placed to prevent dealings with the suit property while the appeal was pending before the Land Disputes Tribunal. The Land Disputes Tribunal Act No. 18 of 1990 was repealed by Section 31 of the Environment and Land Court Act No. 19 of 2011, and the Tribunals were phased out, so the restriction no longer serves any purpose and the court had power to remove it.
Legal principles established
#- 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 under Section 99 of the Civil Procedure Act.
- The court has general power under Section 100 of the Civil Procedure Act to amend any defect or error in proceedings to determine the real question or issue.
Court orders
#- 1.The Notice of Motion dated 4th October 2024 is allowed in terms of prayers 2 and 3 thereof
- 2.Rectification of the name of the Defendant in the Judgment and Decree to read Johnson Githongori Mathenge alias Githogori s/o Kibatha
- 3.Removal of the restriction placed on title number Kirimukuyu/Gachuiro/69
- 4.No order as to costs
- Jurisdiction invoked
- Sections 99 and 100 of the Civil Procedure Act, Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muriuki v Mathenge (Enviromental and Land Originating Summons 245 of 2014) [2025] KEELC 5660 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5660/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.