severine shirima vs tanesco 2023 tzhc 22579 13 november 2023

severine shirima vs tanesco 2023 tzhc 22579 13 november 2023

The High Court has no jurisdiction to amend a judgment and decree issued by the District Court under section 96 of the Civil Procedure Code; such corrections must be made by the court that delivered the original decision.

Citation
severine shirima vs tanesco 2023 tzhc 22579 13 november 2023
Parties
Applicant: Severine Shirima; Respondent: TANESCO
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application dismissed for want of jurisdiction with costs.
Legal Topics
Jurisdiction, Correction of Judgment, Clerical and Arithmetical Errors, Limitation of Actions
Source Language
English
Civil Procedure Jurisdiction Correction of Judgment Clerical and Arithmetical Errors Limitation of Actions

Case Brief

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Parties

Severine Shirima

Applicant

TANESCO

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to amend a judgment and decree issued by the District Court under section 96 of the Civil Procedure Code
  2. 2 Whether the application is time-barred under the Law of Limitation Act

Ratio Decidendi

The High Court has no jurisdiction to amend a judgment and decree issued by the District Court under section 96 of the Civil Procedure Code; such corrections must be made by the court that delivered the original decision.

Court Disposition

Application dismissed for want of jurisdiction with costs.

Orders

  • Application dismissed for want of jurisdiction
  • Applicant to pay costs