Judgment was delivered on 6th July 2023 in favour of the Plaintiff and the 3rd Defendant. The 3rd Defendant 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 or 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 letter dated 15th July 2024 filed by the 3rd Defendant and the oral submissions made by Mr. Esmail counsel for the 3rd Defendant and I am satisfied that the this is a matter warranting the courts intervention pursuant to Section 99 of the Civil Procedure Act and 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 56 page 29 order iii thereof of the said Judgment delivered on 6th July 2023 as follows: -
" Failure to comply with order ii above, the contract for sale of land LR No. 209/525/4 dated 28th September 2013 between the plaintiff and the 1st defendant shall be deemed as rescinded and all the plaintiff’s documents of title shall be returned to the plaintiff by the 1st Defendant".
The Deputy Registrar of this Court is directed to extract a fresh decree in line with the said order.
I make no orders as to costs of the said application.
It is so ordered.
Dated, Signed and Delivered this 30th day of July 2024.
E.K Wabwoto
Judge