20081115 TZCA Dar es Salaam

20081115 TZCA Dar es Salaam

The Court held that the rules cited by the applicant allow for amendment of documents already filed in Court, including the drawn order, provided leave is granted. Since the applicant attached the copy of the drawn order sought to be amended and followed the proper procedure, the application to file an amended copy of the drawn order was allowed.

Citation
20081115 TZCA Dar es Salaam
Parties
Applicant: The Senate of the University of Dar es Salaam; Respondent: Edmund Mwasaga & Four Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 November 2008
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Amend High Court Order
Outcome
Application allowed
Legal Topics
Extension of Time, Amendment of Court Documents, Record of Appeal, Court of Appeal Rules
Source Language
English

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Parties

The Senate of the University of Dar es Salaam

Applicant

Edmund Mwasaga & Four Others

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Amend High Court Order

  1. 1 Whether the applicant can be granted extension of time to file and amend a drawn order signed by the Registrar instead of the presiding judge
  2. 2 Whether the record of appeal can be amended to include a properly drawn order

Ratio Decidendi

The Court held that the rules cited by the applicant allow for amendment of documents already filed in Court, including the drawn order, provided leave is granted. Since the applicant attached the copy of the drawn order sought to be amended and followed the proper procedure, the application to file an amended copy of the drawn order was allowed.

Court Disposition

Application allowed

Orders

  • Applicant allowed to file an amended copy of the drawn order within seven days after obtaining it from the High Court
  • Costs to abide by the result of the appeal