george humba vs james m kasuka 2007 tzca 174 16 march 2007
The application for correction was not time-barred as it was made before execution was completed, and the notice of motion was not defective since it was prepared and signed by a qualified advocate, making section 44(1) inapplicable.
- Citation
- george humba vs james m kasuka 2007 tzca 174 16 march 2007
- Parties
- Applicant: George Humba; Respondent: James M. Kasuka
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 2007
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection to Application for Correction of Clerical and Arithmetical Errors
- Outcome
- Preliminary objection dismissed with costs.
- Legal Topics
- Correction of Clerical Errors, Time Limitation for Applications, Competence of Legal Documents, Advocates Act Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Humba
Applicant
James M. Kasuka
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Correction of Clerical and Arithmetical Errors
Legal Issues
- 1 Whether the application for correction of clerical and arithmetical errors was time-barred
- 2 Whether the notice of motion was incurably defective for not showing who prepared it
Ratio Decidendi
The application for correction was not time-barred as it was made before execution was completed, and the notice of motion was not defective since it was prepared and signed by a qualified advocate, making section 44(1) inapplicable.
Court Disposition
Preliminary objection dismissed with costs.
Orders
- Both grounds of preliminary objection are dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment