Mbarathi v Gathere (Civil Application E075 of 2021) [2024] KECA 646 (KLR) (7 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 646
- Citation
- [2024] KECA 646 (KLR)
- Decided
- 7 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCorrection of RulingPostureApplication for correction of a rulingCoramA. K. MURGOR
Holding
The application for correction is allowed, and the ruling is corrected to reflect the correct date of the Notice of Motion and the Notice of Appeal.
Facts
The applicant sought to extend time to lodge the Notice of Appeal against the judgment delivered on 31st August, 2021 in Originating Summons No. 8 of 2017, but the date of the motion was incorrectly recorded as 31st August 2023 instead of 22nd October 2021.
Issues
- Correction of clerical error in the date of the Notice of Motion for extension of time to lodge the Notice of Appeal
- Clarification of the date of the Notice of Appeal and the time frame for filing the Notice of Appeal
Reasoning
The Court found that the error was a clerical slip and corrected the ruling accordingly.
Outcome
Application for correction of the ruling is allowed.
Orders
- The ruling of the Court dated 8th March 2024 is corrected to read the Notice of Motion dated 22nd October 2021 instead of 31st August 2023.
- The reference to the Notice of Appeal lodged on 31st August, 2023 is deemed as properly filed and replaced with an order granting leave to the applicant to file and serve the Notice of Appeal within 14 days from the date of delivery of this ruling.
- The Memorandum and Record of appeal to be lodged and served in accordance with rule 84 of this Court's rules.
- Costs in the intended appeal are awarded.
Remedies
- Correction of the date of the Notice of Motion and Notice of Appeal
Authorities cited
Legislation (1)
- Appellate Jurisdiction Act, Section 1A and 1B
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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