Case ID:181408

Everline Nangila Wekesa v Martin Bukamu & another [2021] eKLR

Case Metadata

Case Number:

Land Case 49 of 2016

Parties:

Everline Nangila Wekesa v Martin Bukamu & Edward Barasa

Date Delivered:

15 Sep 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Everline Nangila Wekesa v Martin Bukamu & another [2021] eKLR

Court Division:

Civil

County:

Trans Nzoia

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

LAND CASE NO. 49 OF 2016

EVERLINE NANGILA WEKESA.........................PLAINTIFF

VERSUS

MARTIN BUKAMU.....................................1

ST

DEFENDANT

EDWARD BARASA....................................2

ND

DEFENDANT

RULING

1. Judgment having been delivered in this suit on

9

th

September 2021

the applicant herein brought the instant application for review of the judgment quite promptly on

13

th

September 2021

and the same was ordered served upon the respondents who never responded within the period given.

2. The application before me is quite straightforward. There is only one ground for the instant application for review: that the land reference number referring to the suit land in the judgment is incorrect.

3. The instant application, though served on the respondents as evidenced by the affidavit of service sworn by one

Raphael Nyongesa Simiyu

on

13

th

September 2021

is not opposed.

4. It is clear that there was a typographical error and the applicant is right in urging that the proper land reference number is

Kwanza /Kwanza Block 7 /Tonyoto /190

and not

Kwanza /Kwanza/ Tonyoto /190

and that the judgment ought to be reviewed on that basis. Though the two references have been alternately used in the judgment to refer to the same land, the latter reference appears to have cropped up by way of a typographical error in the course of the judgment.

5.

The upshot of the foregoing is that I find that the instant application has full merit and I grant the same in terms of

prayer no 2

thereof. Consequently the judgment dated

9

th

September 2021

is hereby reviewed to the extent that all the references to

LR No Kwanza /Kwanza/ Tonyoto /190

are all substituted with

LR NO.

Kwanza /Kwanza Block 7 /Tonyoto /190.

6. The above mentioned alterations shall be incorporated in a reviewed judgment which shall bear the same date, and issue contemporaneously with, this ruling and for all intents and purposes that reviewed judgment shall henceforth be deemed to be the final judgment of this court in this suit for the purposes of execution proceedings and beyond.

7. Consequently and for the avoidance of doubt and to ensure that only one judgment is on the record in this suit, the judgment of this court dated

9/9/2021

is hereby vacated and substituted with the judgment as reviewed and issued pursuant to this ruling.

It is so ordered.

DATED, SIGNED AND DELIVERED AT KITALE VIA ELECTRONIC MAIL ON THIS 15

TH

DAY OF SEPTEMBER, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.