The Applicant who was the successful litigant before this court has filed an application dated 7th November 2024 seeking review of the judgment issued by this court so as to correct paragraph 109 of the said Judgment so as to rectify the same to read Nandi/ LELMOKWO/123 instead of Nandi/ Lelmokwo/124 as captured in the said judgment. The Grounds in respect of the said application are that there is an error apparent on the court record due to a typing error that needs to be corrected by way of a review application hence the instant application.
i have perused and considered the Application the fact that execution of the decree is not possible as the property indicated in the final disposition Paragraph 109(a)Nandi/ Lelmokwo/124 is different from the suit property, to wit,Nandi/Lelmokwo/123 an issue that can be corrected by way of an Application for review as may be filed by aparty as is the case herein.. I have also perused the Judgment delivered on 3rd October 2024 and there is indeed an error apparent on the said Judgment as a court record due to a typing error which refers to Nandi/Lelmokwo/124 instead of Nandi/Lelmokwo/123 , the court has further considered the issue of whether or not to have the application served for inter partes hearing and having indeed seen the typographical error at paragraph 109 of the judgment it would save the courts valuable if the application is considered at the ex patre stage and summarily granted the error apparent on the court record having emanated from the courts and not the parties.
Accordingly i summarily allow the application with no orders as to costs and hereby review paragraph 109 of the judgment so as to read as follows;
109.Accordingly, the Court thus enter judgment for the Plaintiffs in terms as follows; -
a) Declaration that subdivision and transfer of land parcel No. NANDI/LELMOKWO/123 in to
NANDI/LELMOKWO/789 in the name of Kibet Ngisirei and NANDI/LELMOKWO/790 to Esther Jelel
and any subsequent subdivisions is illegal null and void.
Dated and Delivered at Kapsabet this 11th Day of November 2024.
in the absence of the Parties and/or their Counsels