STANBIC BANK TANZANIA LTD vs LILIAN SOPHIA KIMARO ANOTHER

IN THE HIGH COURT OF THE UNITED REPUBLIC OF

TANZANIA (COMMERCIAL DIVISION)

AT DARES SALAAM Commercial Case No.126 of2021 STANBIC BANK TANZANIA LTD.................... PLAINTIFF

VERSUS LILIAN SOPHIA KIMARO........................ 1st DEFENDANT LUCY THOMAS KIMARO........................ 2nd DEFENDANT

ORDER FOR CORRECTION OF JUDGMENT AND

DECREE This order relates to correction of clerical errors obtaining in the judgment and decree in Commercial Case No. 126 of 2021. On the 05th day of September 2023, this court (before Hon. Nangela, J.,) delivered a judgment in respect of the above-named suit from which a decree was extracted. In advertently, however, on pages 70 and 71 of the typed Judgement and page 2 and 3 of the extracted Decree it was stated that the 1st Defendant had repaid US$ 199,958.87 (instead of US$ 208,958.87) and that the Plaintiff is entitled to a refund of USS 100,041.13 (instead of US$ 91,041.13). Likewise, the name of the Plaintiff and that of the counsel for the Plaintiff Mr. Francis Kamuzora appearing at page 7 of the typed judgement was also erroneously written as “Francis Kanara” instead of “Francis Kamuzora”. Following the above anomaly, on 26th day of September 2023, and by way of memorandum made under Order XLIH rule 2 of the Civil Procedure Code, both parties appeared before this Page 1 of 3 court and addressed a prayer raised by the learned counsel for the Defendant and the Plaintiff to have the judgement and decree rectified. Looking at the pleadings, Judgment, and the Decree extracted therefrom, I am at one with the parties that both the Judgement and its associated Decree does contain clerical and arithmetic errors worth being rectified in my view. Consequently, in order to remove

any confusion which may result from erroneous arithmetic calculations as well as the clerical errors, and pursuant to the provisions of sections 95 and 96 of the Civil Procedure Code Cap. 3 3 R.E 2019,1 hereby amend and correct the said clerical and arithmetic errors in the said Judgement as here under: 1. The name of the Plaintiff shall read as “STANBIC BANK TANZANIA LIMITED” and not Stanbic Bank (T) Ltd.

2. The name of the Plaintiffs counsel appearing at page 7 of the Judgement shall read as “Francis Kamuzora” instead of “Francis Kanara”.

3. The figures appearing on Page 70 of the Judgement as US$ 199,958.87 (in paragraph 3, the 6h line thereof) shall read “USS 208,958.87”.

4. The figures appearing on page 70 of the Judgement as US$, 100,041.13 (in paragraph 3, the 10th line) shall read “USS 91,041.13”.

5. The figures appearing on page 71 (item no.3) of the judgement as US$ 100,041.13 should read US$91,041.13. Page 2 of 3 The Decree shall thus read as per the afore stated corrections. It is so ordered. Dated at Dar es Salaam this 20th day of March 2023. Deo JohnNangela

JUDGE 26/09/2023 Page 3 of 3