iddi seif and 5 others vs simon wolfugang ndauka 2023 tzhc 21031 18 september 2023

iddi seif and 5 others vs simon wolfugang ndauka 2023 tzhc 21031 18 september 2023

Rectification is warranted as the reliefs sought were clearly pronounced in the ruling but omitted from the drawn order. Rectification will not prejudice either party and is necessary for meaningful execution. The court is not revising the ruling but correcting an omission to reflect the actual orders given.

Citation
iddi seif and 5 others vs simon wolfugang ndauka 2023 tzhc 21031 18 september 2023
Parties
Applicant: Iddi Seif; Applicant: Maiko Lusaganya; Applicant: Jonas Manyanya; Applicant: Hamisi Lumondya; Applicant: Pius Ilindilo; Applicant: Nia Rashidi; Respondent: Simon Wolfulgang Ndau Ka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Rectification of Drawn Order
Outcome
Application granted
Legal Topics
Rectification of Drawn Order, Execution of Decrees, Omissions in Court Orders
Source Language
English
Civil Procedure Rectification of Drawn Order Execution of Decrees Omissions in Court Orders

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Parties

Iddi Seif

Applicant

Maiko Lusaganya

Applicant

Jonas Manyanya

Applicant

Hamisi Lumondya

Applicant

Pius Ilindilo

Applicant

Nia Rashidi

Applicant

Simon Wolfulgang Ndau Ka

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Rectification of Drawn Order

Legal Issues

  1. 1 Whether the drawn order should be rectified to include reliefs pronounced in the ruling

Ratio Decidendi

Rectification is warranted as the reliefs sought were clearly pronounced in the ruling but omitted from the drawn order. Rectification will not prejudice either party and is necessary for meaningful execution. The court is not revising the ruling but correcting an omission to reflect the actual orders given.

Court Disposition

Application granted

Orders

  • Rectified Drawn Order to be issued to applicants reflecting reliefs pronounced in the ruling of Civil Revision No. 2 of 2021
  • No order as to costs