KARIAKOOO AUCTION MART

KARIAKOOO AUCTION MART

The applicant demonstrated a technical delay due to clerical errors not attributable to her, acted promptly after the appeal was struck out, and adequately explained the delay. The law allows correction of clerical errors at any time and extension of time for good cause.

Source-derived case information.

Citation
KARIAKOOO AUCTION MART
Parties
Applicant: Kariakoo Auction Mart Limited; 1st Respondent: Mwache Mashaka Yahaya Dyanga (Administrator of the estate of the late Mashaka Dyanga); 2nd Respondent: Juma S. Samba; 3rd Respondent: Said Hamza Ngohengo (Administrator of the estate of the late Abdulwahab Hamza); 4th Respondent: Nassoro Saidi; 5th Respondent: Mohamed Mmande; 6th Respondent: Siasa Mohamed; 7th Respondent: Anwar Juma Yagga (Administrator of the estate of the late Ramadhan J. Yagga); 8th Respondent: Shaffii Salehe Dunda (Administrator of the estate of the late Abdul S. Dunda)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 March 2025
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Rectification of Judgment
Outcome
Application granted in part
Legal Topics
Extension of Time, Rectification of Judgment, Clerical Errors, Notice of Appeal
Source Language
english
Civil Procedure Appellate Practice Extension of Time Rectification of Judgment Clerical Errors Notice of Appeal

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Parties

Kariakoo Auction Mart Limited

Applicant

Mwache Mashaka Yahaya Dyanga (Administrator of the estate of the late Mashaka Dyanga)

1st Respondent

Juma S. Samba

2nd Respondent

Said Hamza Ngohengo (Administrator of the estate of the late Abdulwahab Hamza)

3rd Respondent

Nassoro Saidi

4th Respondent

Mohamed Mmande

5th Respondent

Siasa Mohamed

6th Respondent

Anwar Juma Yagga (Administrator of the estate of the late Ramadhan J. Yagga)

7th Respondent

Shaffii Salehe Dunda (Administrator of the estate of the late Abdul S. Dunda)

8th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time and Rectification of Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file notice of appeal
  2. 2 Whether the court should rectify clerical errors in the judgment and decree

Ratio Decidendi

The applicant demonstrated a technical delay due to clerical errors not attributable to her, acted promptly after the appeal was struck out, and adequately explained the delay. The law allows correction of clerical errors at any time and extension of time for good cause.

Court Disposition

Application granted in part

Orders

  • Clerical errors in the judgment and decree of 26th February 2016 in Civil Case No. 86 of 2008 are corrected to reflect the proper names of the substituted parties.
  • Applicant is granted thirty (30) days from the date of the ruling to file a notice of appeal against the judgment and decree in Civil Case No. 86 of 2008.