In the matter of Community Empowerment for Sustainable Development Mercy Ministry International (COMEDEV-International) Limited (Miscellaneous Application No. 644 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where counsel inadvertently omitted a word from a company name during filing of an application, resulting in a court order bearing an incorrect company name that affected enforceability, the court has power under sections 99 and 100 of the Civil Procedure Act and Order 52 of the Civil Procedure Rules to amend the order to insert the omitted word and correct the company name to accord with its certificate of incorporation.
Outcome
Order amended to correct company name; applicant to bear costs
Facts
The applicant company filed Company Cause No. 0021 of 2024 through counsel. During filing, counsel inadvertently omitted the word 'International' from the company name. The resultant ruling and order delivered on 25 June 2025 bore the incorrect company name, affecting the company's ability to enforce the order. The correct name as per the certificate of incorporation No. 100690 dated 7 August 2008 is Community Empowerment for Sustainable Development Mercy Ministry International (COMEDEV-International) Limited. The applicant brought an ex parte application seeking to amend the prior order to insert the omitted word.
Issues
- Whether the court order should be amended to correct an omission in the company name caused by inadvertent error during filing.
Orders
- The name of the company is corrected by inserting the word 'International' at the end of the company name to read as: Community Empowerment for Sustainable Development Mercy Ministry International (COMEDEV-International) Limited.
- Costs of this application to be borne by the applicant.
Rules and key headnotes
Legislation cited (7)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.