20070316 TZCA Mwanza2

20070316 TZCA Mwanza2

The application 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; section 44(1) of the Advocates Act does not apply to qualified advocates.

Citation
20070316 TZCA Mwanza2
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
Outcome
preliminary objection dismissed
Legal Topics
Correction of Clerical and Arithmetical Errors, Time Limitation for Applications, Requirements for Notice of Motion, Advocates Act Compliance
Source Language
English
Civil Procedure Correction of Clerical and Arithmetical Errors Time Limitation for Applications Requirements for Notice of Motion Advocates Act Compliance

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Parties

George Humba

Applicant

James M. Kasuka

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for correction of a clerical error was time-barred
  2. 2 Whether the notice of motion was incurably defective for lack of endorsement as per Advocates Act

Ratio Decidendi

The application 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; section 44(1) of the Advocates Act does not apply to qualified advocates.

Court Disposition

preliminary objection dismissed

Orders

  • preliminary objection dismissed with costs