mrsbertha s mgombelo and another vs beatrice h umbe andanother 2020 tzhclandd 3927 16 december 2020

mrsbertha s mgombelo and another vs beatrice h umbe andanother 2020 tzhclandd 3927 16 december 2020

The court found that the identified errors were indeed clerical and supported by the record, and therefore granted the application to correct them in the judgment and decree.

Citation
mrsbertha s mgombelo and another vs beatrice h umbe andanother 2020 tzhclandd 3927 16 december 2020
Parties
Applicant: Mrs. Bertha S. Mgombelo; Applicant: Mr. Henry R. Mgombelo; Respondent: Beatrice H. Umbe; Respondent: Honesta H. Umbe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 December 2020
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application to Correct Clerical Errors
Outcome
Application allowed
Legal Topics
Correction of Clerical Errors, Judgment Rectification, Ex Parte Proceedings
Source Language
English
Civil Procedure Land Law Correction of Clerical Errors Judgment Rectification Ex Parte Proceedings

Case Brief

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Parties

Mrs. Bertha S. Mgombelo

Applicant

Mr. Henry R. Mgombelo

Applicant

Beatrice H. Umbe

Respondent

Honesta H. Umbe

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application to Correct Clerical Errors

Legal Issues

  1. 1 Whether clerical errors exist in the judgment and decree of Land Case No. 87 of 2013
  2. 2 Whether the court should correct the identified clerical errors

Ratio Decidendi

The court found that the identified errors were indeed clerical and supported by the record, and therefore granted the application to correct them in the judgment and decree.

Court Disposition

Application allowed

Orders

  • The names of the 3rd and 4th defendants are corrected to Mrs. Bertha Stella Mgombelo and Mr. Henry Robert Mgombelo.
  • The second plaintiff, Honesta H. Umbe, is to be reflected as the 2nd plaintiff and not as the 2nd defendant.