finca microfinance vs robert matiku 2020 tzhc 1814 30 june 2020

finca microfinance vs robert matiku 2020 tzhc 1814 30 june 2020

The court granted the application for correction, holding that the judgment and decree erroneously dismissed a non-existent decree and awarded costs, which should not have been made. The correction is not time barred as it is necessary to keep court records accurate.

Citation
finca microfinance vs robert matiku 2020 tzhc 1814 30 june 2020
Parties
Applicant: FINCA Microfinance; Respondent: Robert M Atiku
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Correction of Typographical Error in Judgment and Decree
Outcome
Application granted
Legal Topics
Correction of Errors, Costs, Limitation Period
Source Language
English
Civil Procedure Correction of Errors Costs Limitation Period

Case Brief

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Parties

FINCA Microfinance

Applicant

Robert M Atiku

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Correction of Typographical Error in Judgment and Decree

Legal Issues

  1. 1 Whether the judgment and decree contained a typographical error regarding dismissal of a non-existent decree and award of costs
  2. 2 Whether the application for correction was time barred

Ratio Decidendi

The court granted the application for correction, holding that the judgment and decree erroneously dismissed a non-existent decree and awarded costs, which should not have been made. The correction is not time barred as it is necessary to keep court records accurate.

Court Disposition

Application granted

Orders

  • Each party shall bear their own costs
  • The words 'quash the decree on appeal ... and costs' are substituted with 'dismissal of the appeal without order for costs'