Judgment was delivered on 30th April 2024 in favour of the Applicant. In the said judgment, the court at paragraph 15 of the allowed the Originating Summons dated 23rd November 2023 in terms of prayers (a), (b) and (c). The Applicant has therefore come back to this court under the provisions of Section 99 of the Civil Procedure Act, seeking for correction of the error in the judgment.
Section 99 of the Civil Procedure Act provides that,
"Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission may at any time be corrected by the court either on its own motion or an application of any of the parties."
This is what is referred to as the "slip rule". The court is permitted under Section 99 of the Civil Procedure Act even on its own motion to invoke the rule, to correct clerical or arithmetical mistakes in judgments, decrees or orders, arising from accidental slip or omission.
In this case, I have considered the Application dated 1st July 2024 filed by the Applicant and its supporting affidavit sworn by James Kanyua on 1st July 2024 and also the oral submissions made by Learned Counsel Majimbo for the Applicant and I am satisfied that the application is merited since the court erroneously referred to prayers (a), (b) and (c) instead of prayers numbered (1), (2) and (3) on its final orders. I therefore invoke provisions of Section 99 of the Civil Procedure Act to correct the slip and give effect to the intention of the court.
Accordingly, an order is hereby issued amending paragraph 15 of the Judgment delivered on 30th April 2024 and replacing prayers (a) (b) and (c) with the following; -
“The Applicant’s claim for adverse possession succeeds and the Originating Summons dated 23rd November 2023 is hereby allowed in terms of prayers (1), (2) and (3).”
I make no orders as to costs of the Application.
It is so ordered.
Dated, Signed and Delivered at Voi this 8th July 2024.
E.K Wabwoto
Judge
Section 99 of the Civil Procedure Act provides that,
"Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission may at any time be corrected by the court either on its own motion or an application of any of the parties."
This is what is referred to as the "slip rule". The court is permitted under Section 99 of the Civil Procedure Act even on its own motion to invoke the rule, to correct clerical or arithmetical mistakes in judgments, decrees or orders, arising from accidental slip or omission.
In this case, I have considered the Application dated 1st July 2024 filed by the Applicant and its supporting affidavit sworn by James Kanyua on 1st July 2024 and also the oral submissions made by Learned Counsel Majimbo for the Applicant and I am satisfied that the application is merited since the court erroneously referred to prayers (a), (b) and (c) instead of prayers numbered (1), (2) and (3) on its final orders. I therefore invoke provisions of Section 99 of the Civil Procedure Act to correct the slip and give effect to the intention of the court.
Accordingly, an order is hereby issued amending paragraph 15 of the Judgment delivered on 30th April 2024 and replacing prayers (a) (b) and (c) with the following; -
“The Applicant’s claim for adverse possession succeeds and the Originating Summons dated 23rd November 2023 is hereby allowed in terms of prayers (1), (2) and (3).”
I make no orders as to costs of the Application.
It is so ordered.
Dated, Signed and Delivered at Voi this 8th July 2024.
E.K Wabwoto
Judge