19980613 TZHC Dar es Salaam

The application is a nullity due to a defective affidavit that fails to disclose grounds for belief, violating the Civil Procedure Code. However, the court recognizes a clerical error apparent on the record and amends the judgment accordingly under section 96 of the Civil Procedure Code.

Citation: 19980613 TZHC Dar es Salaam
Parties: Appellant: DENDET ANDPSA; Respondent: ASHA MOHAMED
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 June 1998
Procedural Posture: Civil Appeal / Ruling on Application for Extension of Time to Apply for Review
Outcome: Application dismissed with costs; judgment amended to correct clerical error.
Legal Topics: Extension of Time, Review, Clerical Error, Affidavit Requirements
Source Language: English

Civil Procedure Extension of Time Review Clerical Error Affidavit Requirements

Case Brief

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Parties

DENDET ANDPSA

Appellant

ASHA MOHAMED

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Extension of Time to Apply for Review

Legal Issues

1 Whether the affidavit supporting the application for extension of time is valid
2 Whether there is an error apparent on the record justifying amendment of the judgment

Ratio Decidendi

Court Disposition

Application dismissed with costs; judgment amended to correct clerical error.

Orders

Application struck out as a nullity due to defective affidavit.
Judgment amended to substitute 'respondent' for 'appellant' in the relevant sentences.