Erastus Mbaabu & another v M'mburugu M'rinkanya & 9 others [2016] KEHC 688 (KLR) | Rectification Of Record | Esheria

Erastus Mbaabu & another v M'mburugu M'rinkanya & 9 others [2016] KEHC 688 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO. 9 OF 1987

ERASTUS MBAABU & ANOTHER................................................PLAINTIFFS

VERSUS

M'MBURUGU M'RINKANYA & 9 OTHERS................................DEFENDANTS

R U L I N G

1. Mr. Gatari Ringera  informed the Court that in a Ruling delivered on 16th day of March, 2016 the Court referred to the Suit land as TIGANIA/TEA/SCHEME/38 when it should have read TIGANIA/TEA/SCHEME THANANGA/38.

2. MR. Gatari Ringera owned up that the apposite application had an inadvertent error in that one word, THANANGA, was left out.

3. Mr. Ringera asked the Court to issue an order for rectification so that title of the suit land reads  TIGANIA/TEA SCHEME THANANGA/38.

4. I find that the oral application prosecuted  by Mr. Ringera is merited.

5. The oral application is allowed.

6. It is  ordered as follows:-

1. The caution registered against land parcel NO.TIGANIA/TEA SCHEME THANANGA/38 at the instance    of the 1st Plaintiff be removed forthwith.

2. No costs concerning this oral application are awarded.

7. It is so ordered.

DELIVERED IN OPEN COURT AT MERU ON 8TH DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-

C.A : Daniel /James

Gatari Ringera for the 3rd Defendant.

P.M. NJOROGE

JUDGE