eliakira gabriel pallangyo vs magreth daniel another 2018 tzhc 2442 23 november 2018

The application is allowed as it seeks to correct an accidental slip or omission in the drawn order, which is permissible under Section 96 of the Civil Procedure Code.

Citation: eliakira gabriel pallangyo vs magreth daniel another 2018 tzhc 2442 23 november 2018
Parties: Applicant: Eliakira Gabriel Pallangyo; 1st Respondent: Magreth Daniel; 2nd Respondent: Dauglas Samson Lema
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 November 2018
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Correction of Order
Outcome: Application allowed
Legal Topics: Correction of Orders, Accidental Slip or Omission, Leave to Appeal, Certification of Point of Law
Source Language: English

Civil Procedure Correction of Orders Accidental Slip or Omission Leave to Appeal Certification of Point of Law

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Parties

Eliakira Gabriel Pallangyo

Applicant

Magreth Daniel

1st Respondent

Dauglas Samson Lema

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Correction of Order

Legal Issues

1 Whether the application seeks to correct errors apparent on the record under Section 96 of the Civil Procedure Code

Ratio Decidendi

The application is allowed as it seeks to correct an accidental slip or omission in the drawn order, which is permissible under Section 96 of the Civil Procedure Code.

Court Disposition

Application allowed

Orders

Leave to appeal to the Court of Appeal is allowed.
It is certified that the following is a point of law worth consideration by the Court of Appeal: Whether a person who was sued as an interested party regarding a property in dispute in a suit, but decided not to defend his rights in a suit, is legally competent to give evidence as a defendant's witness testifying on...