Shah & 2 others v Mercantile Life and General Assurance Company Limited & 2 others (Suing on Behalf of the International Air Transport Association - IATA) (Civil Appeal (Application) 146 of 2015) [2024] KECA 968 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 968
- Citation
- [2024] KECA 968 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to correct an order of the Court issued on 11th January 2018CoramAsike-Makhandia, Ouko, M'Inoti, Mumbi Ngugi
Holding
The application has no merit and is hereby dismissed, with costs to the respondents
Facts
On 26th May 2017, the Court delivered a judgment partially allowing the appeal on one ground only. The rest of the appeal was dismissed with no order as to costs. The respondents forwarded a draft order to the Deputy Registrar for approval, signing, and sealing.
Issues
- Whether the order issued on 11th January 2018 corresponds with the judgment of the Court on 26th May 2017
- Whether the applicants had the opportunity to approve the draft order with or without amendments
Reasoning
The Court found that the order did not correspond with the judgment as it did not set aside the High Court's judgment or dismiss it as indicated in the order. The Court invoked the slip rule to correct the order, but found no clerical or arithmetic error. The Court dismissed the application as an afterthought and abuse of process.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Mukuru Munge v Florence Shingi Mwawana & 2 Others [2016] eKLR
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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