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CHARLES KARATHE KIARIE, THOMAS WANYOIKE WAINAINA & KALANG ENTERPRISES V. ADMINISTRATOR OF THE ESTATE OF JOHN WALLACE MATHARE (DECEASED, ADMINISTRATOR OF THE ESTATE OF DENNIS WAWERU RIMUI (DECEASED) & ADMINISTRATOR OF THE ESTATE OF JOYCE WANJA GITAU

(2020) JELR 97327 (SC)

Supreme Court  •  Civil Application 4 of 2020  •  11 Aug 2020  •  Kenya

Coram
David Kenani Maraga SCJ, Isaac Lenaola SCJ, Mohammed Khadhar Ibrahim SCJ, Philomena Mbete Mwilu SCJ, Susanna Njoki Ndungu SCJ

Judgement

ORDER

[1] On 4th August 2020, this Court delivered a Ruling dismissing this application, allowing a Preliminary Objection by the 1st and 2nd Respondents. The application was supported by the affidavit of the Charles Karathe Kiarie sworn on 27th February 2020. In the Ruling at paragraph [1] we erroneously indicated that the supporting affidavit was sworn on β€œ30 th May 2017”. Further, at paragraph [10], we indicated that the Preliminary Objection had been filed on β€œ20 th of June 2020” which was an error as the same was filed on 11th of June 2020. Lastly, in the final orders at paragraph [21], order (a) is to the effect that β€œ[T]he application dated 30th May 2017 is hereby dismissed”. This is an inadvertent error as the application subject of our Ruling was dated 27th February, 2020.

[2] Section 21(4) of the Supreme Court Act clothes this Court with general powers to correct any apparent errors in its Judgements, Rulings and/or Orders as follows:

General Powers.

21. (1). .

(2) . . .

(3). .

(4…

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