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Tanzania Case Law

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Civil procedure KARIAKOOO AUCTION MART

KARIAKOOO AUCTION MART

The applicant demonstrated a technical delay due to clerical errors not attributable to her, acted promptly after the appeal was struck out, and adequately explained the delay. The law allows correction of clerical errors at any time and extension of time for good cause.

  • Extension of time
  • Rectification of judgment
  • Clerical errors
  • Notice of appeal
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Civil procedure DSM AVERI RUING

DSM AVERI RUING

The High Court of Tanzania partly rectified a withdrawal order, correcting the case title error but refusing to insert leave to refile under section 96.

  • Rectification of court orders
  • Clerical errors
  • Withdrawal of suits
  • Leave to refile
  • Limitation of actions
  • Civil-procedure
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Land law JULIUS CHINOTO MASAGASI

JULIUS CHINOTO MASAGASI

The High Court struck out a land appeal after holding that Dodoma City Council was wrongly included, since it had been withdrawn at the tribunal stage.

  • Joinder of parties
  • Withdrawal of parties
  • Jurisdiction
  • Appeals
  • Clerical errors
  • Land-appeals
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Civil procedure Remigius Bruno

Remigius Bruno

Clerical errors in case numbers and names are trivial and do not render the judgment a nullity; substantive justice prevails over technicalities. No abuse of court process was demonstrated.

  • Restoration of suit
  • Clerical errors
  • Abuse of court process
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Land law abla estate developers and agency company versus terrestrial t limited 2023 tzhclandd 17000 29 september 2023

abla estate developers and agency company versus terrestrial t limited 2023 tzhclandd 17000 29 september 2023

The High Court Land Division dismissed an application to extend time to seek review, holding that clerical registration errors did not justify extension.

  • Extension of time
  • Review of judgment
  • Clerical errors
  • Striking out applications
  • Extension-of-time
  • Review-of-judgment
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Civil procedure Misc Civil Application No

Misc Civil Application No

The decree in Land Case No. 27 of 2013 did not agree with the judgment as required by law, due to omission of a specific order, discrepancy in dates, and improper signature. These errors are clerical or accidental and are curable under section 96 of the Civil Procedure Code. The court has the mandate to rectify such errors to ensure the decree reflects the judgment.

  • Rectification of decree
  • Discrepancy between judgment and decree
  • Clerical errors
  • Omissions in court orders
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Labour law stephen mpalange vs evangelical lutheran church in tanzania eastern and coastal diocese 2021 tzhcld 208 6 july 2021

stephen mpalange vs evangelical lutheran church in tanzania eastern and coastal diocese 2021 tzhcld 208 6 july 2021

The High Court Labour Division struck out a revision application, holding that the impugned CMA ruling was interlocutory and barred by Rule 50.

  • Revision
  • Interlocutory orders
  • Clerical errors
  • Jurisdiction
  • Labour-law
  • Interlocutory-orders
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Land law philip allan lema vs peter tegemea ndatele and others 2021 tzhclandd 152 23 april 2021

philip allan lema vs peter tegemea ndatele and others 2021 tzhclandd 152 23 april 2021

The High Court dismissed a land revision application as incompetent after finding the tribunal record was not properly identified. It also addressed locus standi and clerical error arguments.

  • Revision
  • Locus standi
  • Clerical errors
  • Preliminary objection
  • Land-revision
  • Locus-standi
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Land law mwita chacha gasanya vs abdalaam rashid mtimbo 2020 tzhclandd 2315 14 september 2020

mwita chacha gasanya vs abdalaam rashid mtimbo 2020 tzhclandd 2315 14 september 2020

Application for leave to appeal and certification of points of law was dismissed; the court held the issues raised were factual, clerical, or not preserved below.

  • Leave to appeal
  • Certification of point of law
  • Ex-parte proceedings
  • Execution of decrees
  • Clerical errors
  • Leave-to-appeal
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Civil procedure Zengo

Zengo

The omission of five respondents from the previous order is not a clerical error within the meaning of Section 96 CPC, as adding them would affect their rights and they were not parties to the original settlement or proceedings. The application to rectify the order is therefore dismissed.

  • Rectification of court orders
  • Clerical errors
  • Settlement agreements
  • Execution of judgments
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.