RULING OF THE COURT
This is an application under Rule 35 of the Court of Appeal Rules for orders that the arithmetic mistake in the judgment delivered on 14th December, 2007 be corrected and the correction thereof be incorporated in the judgment to give effect to the intention of the court when judgment was given.
The application is based on two grounds, namely:
“(a) THAT the award amount of Kshs.509,692.60 at court rates from the date of filing of the suit in the judgment is an arithmetic mistake, the intention of the court being to award Kshs.1,585,394.80 as the correct amount thereof.
(b) THAT to give effect to what was the intention of the court, the said mistake can be corrected by awarding the Kshs.509,692.60 as in the judgment, from the date of incidence of the adjudged debit error on 31st May, 1993 at the proven 27% p.a. monthly rests interest factually deployed by the bank till payment in full and not denied by the respondent”.
The applicant Omega chemical Industries Ltd partially…