RULING CHELELE NEW

RULING CHELELE NEW

The application for rectification is properly before the court as the mode used is permissible under Order XLIII Rule 2 CPC in the circumstances. The drawn order failed to reflect the ruling's operative part regarding the applicant's employment status, constituting an accidental omission rectifiable under section 96 CPC. The court is empowered to align the drawn order with the ruling without altering its substance.

Citation
RULING CHELELE NEW
Parties
Applicant: Engelbert Lucas Chelele; 1st Respondent: The Police Force, Immigration and Prison Service Commission; 2nd Respondent: The Permanent Secretary Ministry of Home Affairs; 3rd Respondent: The Inspector General of Police; 4th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Miscellaneous Civil Cause (judicial Review) / Application for Rectification of Drawn Order After Judgment
Outcome
Application granted
Legal Topics
Rectification of Clerical Errors, Certiorari, Mandamus, Court Orders and Drawn Orders
Source Language
English
Civil Procedure Judicial Review Administrative Law Rectification of Clerical Errors Certiorari Mandamus Court Orders and Drawn Orders

Case Brief

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Parties

Engelbert Lucas Chelele

Applicant

The Police Force, Immigration and Prison Service Commission

1st Respondent

The Permanent Secretary Ministry of Home Affairs

2nd Respondent

The Inspector General of Police

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Civil Cause (judicial Review) / Application for Rectification of Drawn Order After Judgment

Legal Issues

  1. 1 Whether the application for rectification of the drawn order is properly before the court
  2. 2 Whether the drawn order contains a clerical error or accidental omission justifying rectification

Ratio Decidendi

The application for rectification is properly before the court as the mode used is permissible under Order XLIII Rule 2 CPC in the circumstances. The drawn order failed to reflect the ruling's operative part regarding the applicant's employment status, constituting an accidental omission rectifiable under section 96 CPC. The court is empowered to align the drawn order with the ruling without altering its substance.

Court Disposition

Application granted

Orders

  • The application for rectification of the drawn order is granted.
  • The drawn order is rectified by deleting the words 'An order for mandamus is not maintainable' and replacing them with 'having quashed the whole process, the inquiry and decision, it entails that the status of applicant's employment reverts back to where it was before the applicant was charged with disciplinary...