Land Cae No

Land Cae No

The High Court retains jurisdiction to correct accidental slips or omissions in the decree under section 96 of the Civil Procedure Code, even after a notice of appeal has been filed, provided the correction does not affect the substance of the judgment or decree and is necessary for conformity between the judgment and decree.

Citation
Land Cae No
Parties
Plaintiff: Mished Chunilal Kotak; 1st Defendant: Omary Shabani; 2nd Defendant: Kellen Rose Rwakatare Kumtu; 3rd Defendant: Humprely Kaulila Keneth Rwakatare; 5th Defendant: Tibe Kenneth Rwakatare
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Land Case / Ruling on Application to Correct Decree
Outcome
Preliminary objection overruled; application for correction of decree granted; no order as to costs.
Legal Topics
Correction of Decree, Jurisdiction After Notice of Appeal, Accidental Slip or Omission
Source Language
English
Civil Procedure Land Law Correction of Decree Jurisdiction After Notice of Appeal Accidental Slip or Omission

Case Brief

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Parties

Mished Chunilal Kotak

Plaintiff

Omary Shabani

1st Defendant

Kellen Rose Rwakatare Kumtu

2nd Defendant

Humprely Kaulila Keneth Rwakatare

3rd Defendant

Tibe Kenneth Rwakatare

5th Defendant

Procedural Posture

Land Case / Ruling on Application to Correct Decree

Legal Issues

  1. 1 Whether the High Court has jurisdiction to correct a decree after a notice of appeal has been filed
  2. 2 Whether omission in the decree can be rectified under section 96 of the Civil Procedure Code

Ratio Decidendi

The High Court retains jurisdiction to correct accidental slips or omissions in the decree under section 96 of the Civil Procedure Code, even after a notice of appeal has been filed, provided the correction does not affect the substance of the judgment or decree and is necessary for conformity between the judgment and decree.

Court Disposition

Preliminary objection overruled; application for correction of decree granted; no order as to costs.

Orders

  • Paragraph 2 of the decree to be corrected to include 'as well as his co-administrator of the Estate'
  • No order as to costs