Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
Application for rectification of clerical errors is unfounded as review is the correct procedure for correcting errors apparent on the face of the record in a decision issued ten years ago.
Source excerpt
The Court certified as points of law for appeal the issues of the trial tribunal's jurisdiction (regarding time bar, establishment, and composition) and the Respondent's locus standi, finding them to be substantive legal questions. The issue of wrong titling was not certified as it was a clerical error rectifiable by the High Court and not a substantive legal issue for the Court of Appeal.
Source excerpt
The application for rectification is properly before the court as the mode used is permissible under Order XLIII Rule 2 CPC in the circumstances. The drawn order failed to reflect the ruling's operative part regarding the applicant's employment status, constituting an accidental omission rectifiable under section 96 CPC. The court is empowered to align the drawn order with the ruling without altering its substance.
Source excerpt
The discrepancy between the date of the judgment and the date on the decree is a clerical error that does not render the appeal incompetent. The principle of overriding objective applies, allowing rectification of the decree under section 96 of the Civil Procedure Code. The appeal should not be struck out for this procedural defect.
Source excerpt
Explore more
