20070316 TZCA Mwanza

20070316 TZCA Mwanza

The application for correction of a clerical error was not time-barred as it was made before execution was completed, and the notice of motion was not incurably defective because the requirement of endorsement applies to unqualified persons, not to qualified advocates.

Citation
20070316 TZCA Mwanza
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 Errors, Time Limitation for Applications, Advocates' Act Compliance
Source Language
English
Civil Procedure Correction of Clerical Errors Time Limitation for Applications Advocates' Act Compliance

Case Brief

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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 not showing who prepared it

Ratio Decidendi

The application for correction of a clerical error was not time-barred as it was made before execution was completed, and the notice of motion was not incurably defective because the requirement of endorsement applies to unqualified persons, not to qualified advocates.

Court Disposition

preliminary objection dismissed

Orders

  • Preliminary objection dismissed with costs.