REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CIVIL CASE NO. 78 OF 1998 TERESINA MUKELE RAPANDO …............. 1ST PLAINTIFF/APPLICANT SALOME NATSALA MALALA ….................2ND PLAINTIFF/APPLICANT VERSUS GRACE OMUKWAYA MALALA..................DEFENDANT/RESPONDENT RULING 1. By an application dated 13.8.2013, the Applicant has sought orders; (I). The court be pleased to review its judgment rendered on 4.7.2013. (ii). That the District Land Registrar Kakamega to cancel registration of title deed to L.R. No. E. Wanga/Malaha/626 in the name of Peter Waswa Rapando and register it jointly in the names of the Plaintiff/Applicants. 2. The application is premised on the grounds listed on the face of it inter alia; (a). There is an error apparent on the face of the judgment. (b). The Plaintiffs suit against the Defendant were for orders inter alia that the court cancels registration of land parcel Nos. E. Wanga/Malaha/626, 627,628,629,630 and 631 to be registered jointly in the names of the Plaintiffs. (c). The Judgment ordered cancellation of L.R. Nos. E.Wanga/Malaha/627,628,629,630,631 while omitting 626. 3. That I have perused the plaint filed in court on 29th October 1998. At paragraph 6 and 7 thereof, it confirms the claim was for the suit parcels were comprised in E. Wanga/Malaha/626,627,628,629,630 and 631. In the prayers sought, the Plaintiffs asked for transfer of suit parcels 626 – 631 into their names. 4. In my judgment, I did allow the plaintiff's claim and issued an order directed at the District Land Registrar, Kakamega to cancel registrations of the title deeds for land parcel L.R. Nos.E. Wanga/Malaha/627-631 and register them jointly in the names of the Plaintiffs. It is therefore true that there was an error on the record as I inadvertently omitted to include L.R. No. E. Wanga/Malaha/626 in my final order having found in favour of the Plaintiffs. 5. The application for review is therefore merited and is allowed as presented with costs in the cause. DATED, SIGNED and DELIVERED this 20th day of March 2014 A. OMOLLO JUDGE.
Original judgment
Teresina Mukele Rapando & 1 other v Grace Omukwaya Malala
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.