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Saraf Limited v. Augustino Arduin

(2019) JELR 94681 (CA)

Court of Appeal  •  Civil Appeal 31 of 2014  •  4 Oct 2019  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement

RULING OF THE COURT

[1] This is an application to correct errors contained in the judgment of this Court delivered on 1st July, 2016 by Koome, Okwengu and GBM Kariuki. JJA. Following the delivery of the said Judgment, Saraf Limited (applicant) who was the appellant in the aforesaid judgment, filed a notice of motion on 22nd March, 2017 principally invoking the jurisdiction of this Court under Rule 35 of the Court Rules. The applicant sought inter alia a correction of an error arising from an accidental slip or omission apparent on record to be corrected. Rule 35 of the Court of Appeal Rules provides;

(1) A clerical or arithmetical mistake in any Judgment of the Court or any error arising therein from an accidental slip or omission may at any time, whether before or after the Judgment has been embodied in an order, be corrected by the Court either of its own motion or on the application of an interested person so as to give effect to what the intention of the Court was when the Judgment …

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