1. Before this court is a certificate of urgency dated 29th July 2025 seeking the following orders:
a) That this Application be certified as extremely urgent, heard ex-parte at first instance and service be dispensed.
b) That this Honorable Court be pleased to review and correct its judgment delivered on 23rd July 2025 to reflect that liability was apportioned at 70:30 in favor of the Respondent, and not in favor of the Appellants as erroneously stated.
c) That this Honorable Court be pleased to award costs of this Application to the Applicant.
2. The Application is made on the following grounds among others: -
a. That there is an error apparent on the face of the record in the court's judgment delivered on 23rd July 2025.
b. That the Honorable Court erroneously stated at paragraph 38 of its judgment that liability to be apportioned at 70:30 in favor of the Appellants, when in fact, it ought to have read 70:30 in favor of the Respondent as supported by the reasoning and findings in the judgment.
c. That the said misstatement is clerical in nature and does not go to the merits of the court's reasoning or findings.
d. That unless corrected, the Respondent stands to suffer prejudice and injustice in the execution of the judgment.
e. That this Application has been made timeously, in good faith, and solely for the purposes of correcting the said error.
f. The application is also supported by annexed affidavit of Godwin Gitwara
DIRECTIONS
3. This application is certified urgent.
4. The same be served and heard on 7th August 2025 before court No. 1
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025
a) That this Application be certified as extremely urgent, heard ex-parte at first instance and service be dispensed.
b) That this Honorable Court be pleased to review and correct its judgment delivered on 23rd July 2025 to reflect that liability was apportioned at 70:30 in favor of the Respondent, and not in favor of the Appellants as erroneously stated.
c) That this Honorable Court be pleased to award costs of this Application to the Applicant.
2. The Application is made on the following grounds among others: -
a. That there is an error apparent on the face of the record in the court's judgment delivered on 23rd July 2025.
b. That the Honorable Court erroneously stated at paragraph 38 of its judgment that liability to be apportioned at 70:30 in favor of the Appellants, when in fact, it ought to have read 70:30 in favor of the Respondent as supported by the reasoning and findings in the judgment.
c. That the said misstatement is clerical in nature and does not go to the merits of the court's reasoning or findings.
d. That unless corrected, the Respondent stands to suffer prejudice and injustice in the execution of the judgment.
e. That this Application has been made timeously, in good faith, and solely for the purposes of correcting the said error.
f. The application is also supported by annexed affidavit of Godwin Gitwara
DIRECTIONS
3. This application is certified urgent.
4. The same be served and heard on 7th August 2025 before court No. 1
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025