20070604 TZHC Arusha
The citation of section 95 CPC was an error but curable; the trial court should have either ignored the erroneous citation and proceeded under the correct provision or allowed amendment, rather than striking out the application.
- Citation
- 20070604 TZHC Arusha
- Parties
- Appellant: Mary Aloyce; Respondent: Ramadhani Shabani
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 June 2007
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Review Applications, Procedural Errors, Inherent Powers of Court
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Parties
Mary Aloyce
Appellant
Ramadhani Shabani
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial court erred in striking out the application for review due to citation of a wrong provision of law
Ratio Decidendi
The citation of section 95 CPC was an error but curable; the trial court should have either ignored the erroneous citation and proceeded under the correct provision or allowed amendment, rather than striking out the application.
Court Disposition
appeal allowed
Orders
- The decision of the trial court striking out the application is set aside.
Full Case Text
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