Delorie v Aga Khan Health Services Ltd [2023] KEHC 2118 (KLR)

Delorie v Aga Khan Health Services Ltd (Civil Case 64 of 2005) [2023] KEHC 2118 (KLR) (Civ) (17 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2118 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Case 64 of 2005

AN Ongeri, J

March 17, 2023

Between

Anne Delorie

Plaintiff

and

The Aga Khan Health Services Ltd

Defendant

Ruling

1. The application coming for consideration in this ruling is the one dated 3/11/2022 seeking correction of an error in the computation of the award in the judgment delivered on 31/5/2022.

2. The application is not opposed by the respondent and I find that the same is meritorious.

3. Section 99 of the Civil Procedure Act states as follows:-“Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either on its own motion or on the application of any of the parties.”

4. The computation of damages is accordingly corrected at number 55 of the judgment delivered on 31/5/2022 to read a total of kshs.6,193,452. 00 instead of kshs.5,193,452. 00. Orders to issue accordingly.

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 17TH DAY OF MARCH, 2023. ………………………A. ONGERIJUDGEIn the presence of:……………………………. for the Plaintiff……………………………. for the Defendant