Tanzania Case Law

Melau Mauna, Joel Metivan (Legal Representative of Metivan Tenges), Francis Mwoita, John Mwoita, Raymond Philipo (Legal Representative of Philipo Longituti), Emanuel Lenakooni, Logalaa Mauna, Jocob Francis, Raymond Philipo, Paulo Ikayo, Leah Daudi (Legal Representative of Daudi Losujaki), Julius Mwoita, Lonyakwa Melau, Lovoyo Melau, Christopher John, Herman Mwoita, Kaka Francis, Loreu Lopakwani, Samboti Ngosia, Tubalai Philipo, Mauna Longututi, Tukai Mauna v The Registered Trustees of Evangelical Lutheran Church of Tanzania (ELCT) Arusha Diocese and Arumeru District Council

High Court in Arusha struck out an unopposed land application seeking rectification of the record, holding that the relief went beyond the slip rule and required review.

• Rectification of errors
• Slip rule
• Jurisdiction
• Review procedure
• Incompetent application
• Civil-procedure

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CIVIL APPLICATION NO 342 18 OF 2022 YOKTANI GERALD NYONDWI VS ARAB CONTRACTORS ELSEWEDY ELECTRIC

Court

TANZLII

The misattribution of the rejoinder submission to the applicant's former representative was a clerical error that did not prejudice the applicant, as the content of the rejoinder was consistent with the submission in chief. The error was not material and did not warrant the exercise of revisionary powers.

Source excerpt

• Revision jurisdiction
• Slip rule
• Right of appeal
• Employment termination
• Procedural error

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william getari kegege vs equity bank another 2021 tzca 185 7 may 2021

Court

TZCA

The High Court fundamentally erred by granting extension of time to file an appeal, which was not sought, and failing to address the actual prayers made by the applicant. This error could not be corrected under the slip rule and warranted revision under section 4(3) of the Appellate Jurisdiction Act.

Source excerpt

• Extension of time
• Revision
• Jurisdiction
• Slip rule
• Orders and decrees

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david gilead tenga vs andrew ndaalio 2020 tzhclandd 2294 25 september 2020

Court

TANZLII

The High Court allowed correction of a typographical error in a land judgment and decree, changing Block B to Block 8, and held the application was not time-barred.

• Amendment of judgment
• Typographical error
• Slip rule
• Limitation period
• Judgment-amendment
• Typographical-error

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20020801 TZHC Bukoba

Court

TZHC

The slip of referring to the appellant as a woman instead of a man is a common error and can be rectified under the slip rule; the appellant lawfully redeemed the property.

Source excerpt

• Slip rule
• Power of attorney
• Customary law
• Inheritance

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20020801 TZHC Mwanza

Court

TZHC

The error of referring to the appellant as a woman instead of a man was a correctable slip under the slip rule and did not affect the substantive rights or outcome; the judgment of the District Court was amended accordingly.

Source excerpt

• Slip rule
• Power of attorney
• Customary law
• Inheritance

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timothy m kaare vs mara cooperative union 1984 ltd 1996 tzca 12 2 december 1996

Court

TZCA

The Court of Appeal of Tanzania refused to review its earlier decision, finding no manifest error on the record or other recognized ground for review.

• Review of appellate decisions
• Jurisdiction of appellate courts
• Manifest error on record
• Slip rule
• Fraud in procurement of judgment
• Review-of-judgment

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19940523 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal of Tanzania has limited inherent jurisdiction to review its own decisions in cases where the decision is a nullity (such as where a party was denied the right to be heard or the judgment was obtained by fraud) or where there is a manifest error on the face of the record resulting in a miscarriage of justice. This jurisdiction is not derived from statute but is inherent to the court as a superior court of record.

Source excerpt

• Appellate review
• Inherent jurisdiction
• Correction of judgments
• Slip rule
• Finality of judgments

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