philip allan lema vs peter tegemea ndatele and others 2021 tzhclandd 152 23 april 2021
The application is incompetent due to failure to properly cite the relevant tribunal proceedings and the court cannot assume the risk of calling for irrelevant records; clerical errors must be corrected by the court that issued the judgment.
- Citation
- philip allan lema vs peter tegemea ndatele and others 2021 tzhclandd 152 23 april 2021
- Parties
- Applicant: Dr Philip Allan Lema; 1st Respondent: Peter Tegemea Ndatele; 2nd Respondent: Ilala Municipal Council; 3rd Respondent: Tulipo Helton Mwakabuli
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 23 April 2021
- Procedural Posture
- Land Revision / Judgment
- Outcome
- application dismissed
- Legal Topics
- Revision, Locus Standi, Clerical Errors, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dr Philip Allan Lema
Applicant
Peter Tegemea Ndatele
1st Respondent
Ilala Municipal Council
2nd Respondent
Tulipo Helton Mwakabuli
3rd Respondent
Procedural Posture
Land Revision / Judgment
Legal Issues
- 1 Whether a non-party has locus standi to seek revision of tribunal proceedings
- 2 Whether the application is competent given discrepancies in case numbers
- 3 Whether clerical errors can be corrected under section 96 CPC
Ratio Decidendi
The application is incompetent due to failure to properly cite the relevant tribunal proceedings and the court cannot assume the risk of calling for irrelevant records; clerical errors must be corrected by the court that issued the judgment.
Court Disposition
application dismissed
Orders
- application dismissed with costs
Full Case Text
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