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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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 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
Full Case Text
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