Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others [2020] KESC 32 (KLR)

Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others (Civil Application 4 of 2020) [2020] KESC 32 (KLR) (11 August 2020) (Order)

Charles Karathe Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others [2020] eKLR

Neutral citation: [2020] KESC 32 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Civil Application 4 of 2020

DK Maraga, CJ, PM Mwilu, DCJ & V-P, MK Ibrahim, NS Ndungu & I Lenaola, SCJJ

August 11, 2020

Between

Charles Karathe Kiarie

1st Applicant

Thomas Wanyoike Wainaina

2nd Applicant

Kalang Enterprises

3rd Applicant

and

The Administrator of the Estate of John Wallace Mathare (Deceased)

1st Respondent

The Administrator of the Estate 0f Dennis Waweru Rimui (Deceased)

2nd Respondent

The Administrator of the Estate of Joyce Wanja Gitau

3rd Respondent

((Being an application for Extension of Time and Review of the Ruling of a single Judge of the Supreme Court (S.C. Wanjala, SCJ) delivered on 17th December, 2019)

Order

1. On 4th August 2020, this Court delivered a Ruling dismissing this application, allowing a Preliminary Objection by the 1st and 2nd Respondents. The application was supported by the affidavit of the Charles Karathe Kiarie sworn on 27th February 2020. In the Ruling at paragraph [1] we erroneously indicated that the supporting affidavit was sworn on “30th May 2017”. Further, at paragraph [10], we indicated that the Preliminary Objection had been filed on “20th of June 2020” which was an error as the same was filed on 11th of June 2020. Lastly, in the final orders at paragraph [21], order (a) is to the effect that “[T]he application dated 30th May 2017 is hereby dismissed”. This is an inadvertent error as the application subject of our Ruling was dated 27th February, 2020.

2. Section 21(4) of the Supreme Court Act clothes this Court with general powers to correct any apparent errors in its Judgements, Rulings and/or Orders as follows:General Powers. 21. (1)...2). . .(3). . .(4)Within fourteen days of delivery of its judgment, ruling or order, the Court may, on its own motion or on application by any party with notice to the other or others, correct any oversight or clerical error of computation or other error apparent on such judgment, ruling or order and such correction shall constitute part of the judgment, ruling or order of the Court.

3. As a result, we hereby Order as follows: i)Paragraph [1] is corrected by deleting the date “30th May, 2017” and inserting therein the date “27th February 2020”;

ii)Paragraph [10] is corrected by deleting the date “20th of June 2020” and inserting therein the date “11th of June 2020”; and lastly,

iii)Paragraph [21] is corrected by deleting order (a) that reads “The Application dated 30th May 2017 is hereby dismissed” and inserting a new order (a) thus:"The Application dated 27th February 2020 is hereby dismissed”.

4. This Ruling is accordingly amended, and this Order shall constitute part of the Ruling of the Court.

DATED AND DELIVERED AT NAIROBI THIS 11TH DAY OF AUGUST, 2020. ..................D. K. MARAGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT..................P. M. MWILUDEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME..................M. K. IBRAHIMJUSTICE OF THE SUPREME COURT..................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT..................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA