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Dominic Alois George Omenye t/a Omenye & Associates v. Prime Bank Limited

(2017) JELR 102676 (CA)

Court of Appeal  •  Civil Appeal 287 of 2015  •  12 May 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Section 99 of the Civil Procedure Act vests in the High Court power to correct clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission, either on its own motion or on application by any party to a suit. On 26th October 2015, the High Court (Amin, J.) dismissed with costs an application by the appellant, Dominic Alois George Omeenye, seeking correction of purported arithmetical errors in a judgment and decree of the High Court dated 25th October 2004. The contested question in this appeal is therefore whether the matters that the appellant was complaining about constitute clerical or arithmetic errors, or errors arising from accidental slip or omission.

By way of background, on 29th October 2001 the respondent, Prime Bank Limited, filed a suit in the High Court against the appellant seeking recovery of Kshs 4,449,182.15 with interest at 23.5% per annum from 18th September 2001 until payment in full, b…

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