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Original judgment

Channan Agricultural Contractors & 1 other v Erick Apollo Aliaro & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA CIVIL APPEAL NO. 107 OF 2014 CHANNAN AGRICULTURAL CONTRACTORS.....1ST APPELLANT WASWA MOURICE.......................................................2 ND APPELLANT VERSUS ERICK APOLLO ALIARO.........................................1ST RESPONDENT JOYCE JULIA..............................................................2 ND RESPONDENT (suing on behalf of the estate of Kennedy Henry Aliaro) (Being an appeal from the judgment and decree of Principal Magistrate’s Court, Butere delivered on 4 th September 2014 in Civil Suit No. 1 of 2013) RULING 1. The application dated 1st August 2017 seeks rectification of an error in a judgement that was delivered herein on 25 th May 2017. 2. The court had adjusted the award of damages made by the trial court and arrived at a total of Kshs. 265, 756.80 after some calculations. The respondents argue that the correct total figure should have been Kshs. 310, 049.60. 3. I have looked through the judgement and worked out the calculations based on the figures worked out by the court, and I have arrived at a total of Kshs. 310, 049.60. 4. As the application is not opposed by the appellants, I shall allow it as prayed. Costs shall be in the cause. DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 29th DAY OF April, 2019 W MUSYOKA JUDGE

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