Elizabeth Wanjugu Mungara v Antony Maina Kariuki & Muchemi Mugeni [2015] KEHC 6327 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL SUIT NUMBER 595 OF 1988

ELIZABETH WANJUGU MUNGARA. …………...………… PLAINTIFF

VERSUS

ANTONY MAINA KARIUKI. ………………………….. 1ST DEFENDANT

MUCHEMI MUGENI. …………...……………………… 2ND DEFENDANT

R U L I N G

In this court’s Ruling dated 3rd December, 2012, I had at the undertaken to review the court’s earlier ruling to include the amount properly due to each Defendant in the suit. However, I inadvertently failed to indicate therein that the 1st Defendant had already been fully paid before the Ruling was made. That slip which clearly became an error on the face of the record, required correction.

Shah & Parekh Advocates had made an application to that end which was not opposed and it was granted but the court has todate never corrected the figures notwithstanding several written reminders.

Liability was fixed between the 1st and 2nd Defendant at 50:50 of the sum of Ksh.346,436/-. This brought out an equal sum of Ksh.173,218/- reduced by costs of Ksh.73,082/- awarded by the Court of Appeal to the 2nd Defendant. That left in favour of the Plaintiff (a reduced sum of Ksh.173,218/-  minus 73,082) = Ksh.100,136/-

It is noted that by the order of court the Defendants had deposited in two banking institutions, a sum of Ksh.286,800/-.

With Ksh.100,136/- payable to the Plaintiff as indicated above, what goes to the 2nd Defendant will be Ksh.286,800/= Ksh.100,136/- going to the Plaintiff = Ksh.186,664/-.

I accordingly make the following corrective (reviewing) orders based on my ruling of 3rd December, 2012.

ORDERS

1. Ksh.100,136/ to be paid to the Plaintiff.

2. Ksh.186,664/- to be paid to the 2nd Defendant.

3. Interest accrued from the sum of Ksh.286,800/- in the two financial institutions todate, to be shared between the Plaintiff and the 2nd Defendant in the ratio of 35% to 65% respectively.

4. The 2nd Defendant is entitled to costs of the application dated 1st August, 2011 when the same to be agreed upon or be taxed and if already taxed, to be deducted from the sums due from the Plaintiff.

Dated and delivered at Nairobi this 4th day of March, 2015.

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D A ONYANCHA

JUDGE