IN THE HIGH COURT OF KENYA AT KISII CIVIL CASE NO.298 OF 1997 RICHARD ODIPO OTHIRA ………………………………………. PLAINTIFF VERSUS SONYACO SACCO ……………………………………………. DEFENDANT RULING The applicant/plaintiff seek court to review its judgment dated 13th November 2002. Court was told that the judgment was entered on the plaint initially filed yet an amended plaint had been filed later. As a result a substantial part of the plaintiff’s claim was left out in the judgment. The application was not opposed. It is clear that there is an error on the face of record since the court entered judgment in the initial plaint filed and not on the amended plaint. The application is therefore allowed. Judgment entered on 13th November 2002 is hereby set aside. Suit be heard a fresh. Dated 23rd May 2005 KABURU BAUNI JUDGE cc. Mobisa N/A of Applicant. N/A for Respondent
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.