Mwaura v Mwaura & 3 others (Environment & Land Case 1457 of 2016)  KEELC 13804 (KLR) (25 October 2022) (Ruling)
Neutral citation:  KEELC 13804 (KLR)
Republic of Kenya
Environment & Land Case 1457 of 2016
M.D Mwangi, J
October 25, 2022
Alice Wanjiru Mwaura
Peter Njuguna Mwaura & 3 others
In respect of the Notice of Motion Application dated 25th April 2022 brought under Section 99 of the Civil Procedure Act.)
1.Judgment was delivered in this matter in favour of the Plaintiff on 7th March 2019, by Justice E.O. Obaga, who is no longer in this station. The Honourable Judge granted the Plaintiff the orders sought in her plaint. However, the good Judge erroneously wrote the Plaintiff’s name as ‘Alice Waithera Mwaura’ instead of ‘Alice Wanjiru Mwaura’ at paragraph (a) on page 5 of his judgment.
2.The Plaintiff only discovered the error after extracting the decree and presenting it to the Land Registrar Kiambu for enforcement of the orders of the court.
3.The Plaintiff has therefore come back to this court under the provisions of Sections 3A & 99 of the Civil Procedure Act, seeking the correction of the error in the Judgment.
4.Section 99 of the Civil Procedure Act provides that,
5.This is what is referred to as the ‘slip rule’. The court is permitted under the Section 99, 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. The section suffices and there is no need to make reference to Section 3A of the Act which reserves the court’s inherent power that the court may draw upon where there is no express provision of the law to put right what would otherwise result to an injustice or an absurdity for that matter.
6.In the case of Republic Vs Attorney General & 15 others Ex parte Kenya Seed Company Ltd & 5 others (2010) eKLR, the court noted that,
7.In this case, I have looked at the pleadings filed by the Plaintiff. The plaint, the verifying affidavit as well as the Plaintiff’s witness statement; all indicate the Plaintiff’s name as ‘Alice Wanjiru Mwaura’. Even in her testimony before the court on 5th February 2019, the Plaintiff introduced herself as ‘Alice Wanjiru Mwaura’.
8.I am satisfied that the Honourable Judge inadvertently wrote the name ‘Alice Waithera Mwaura’ instead of ‘Alice Wanjiru Mwaura’ in the Judgment delivered on 7th March 2019. I will therefore invoke the provisions of Section 99 of the Civil Procedure Act to correct the ‘slip’ and give effect to the intention of the court.
9.Accordingly, an order is hereby issued, directing the Deputy Registrar of this court to amend paragraph (a) of page 5 of the Judgment of Honourable Justice E.O. Obaga delivered on 7th March 2019 to correct the name written as ‘Alice Waithera Mwaura’ to read ‘Alice Wanjiru Mwaura’.
10.The court makes no order as to the costs of the application.It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF OCTOBER 2022M.D. MWANGIJUDGEIn the virtual presence of:Mr. Mugu for the Applicant.No appearance for the Defendants.Court Assistant – JuneM.D. MWANGIJUDGE