Tanzania Case Law

tanzlii CIVIL APPEAL NO 20285 OF 2024

Court

TANZLII

The court held that the decree from the trial court was defective in its title and party descriptions, which could cause confusion in the appellate record. Guided by the overriding objective principle and relevant precedent, the court declined to strike out the appeal and instead granted the appellant leave to rectify the decree in the District Court and file the corrected version within 21 days.

Source excerpt

• Rectification of decree
• Procedural defects
• Matrimonial appeals
• Overriding objective principle

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Misc Civil Application No

Court

TANZLII

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.

Source excerpt

• Rectification of decree
• Discrepancy between judgment and decree
• Clerical errors
• Omissions in court orders

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CIVIL APPEAL NO 288 OF 2021 AFRICAN BANKING CORPORATION T LTD VERSUS MUSSA MASEMBO

Court

TANZLII

The appeal is incompetent as it was filed out of time based on the first certificate of delay, and the second certificate is invalid due to lack of cancellation of the first and absence of notification for rectified decree.

Source excerpt

• Appeal timelines
• Certificate of delay
• Rectification of decree

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damian kafanabo vs stivin bigimbwa 2020 tzhc 4147 23 november 2020

Court

TZHC

The High Court struck out an application to enlarge time to appeal, holding it was premature because the decree needed rectification and the record was not proper.

• Extension of time
• Appeal procedure
• Rectification of decree
• Civil-procedure
• Extension-of-time
• Appeal-procedure

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registered trustees of the roman catholic diocese of morogoro vs sabiha suleiman 2020 tzhclandd 151 18 may 2020

Court

TANZLII

The High Court allowed a land appeal in part, setting aside an erroneous rectification order and restoring the decree to specify a TZS 2,000,000 refund with interest.

• Rectification of decree
• Refund of purchase price
• Interest calculation
• Valuation of land
• Land-law
• Decree-rectification

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20130718 TZHC Dr es Salaam

Court

TZHC

The High Court granted extension of time for the applicant to seek review of an amended decree, finding sufficient cause where earlier rectification attempts had failed.

• Extension of time
• Review of decree
• Rectification of decree
• Limitation period
• Civil-procedure
• Extension-of-time

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peter temba ta mahenge timber enterprises vs dar es salaam city council another 2013 tzhc 2248 18 july 2013

Court

TZHC

The High Court granted an extension of time to allow review of an amended decree, finding sufficient cause because earlier rectification attempts had failed.

• Extension of time
• Review of decree
• Rectification of decree
• Law of limitation
• Civil-procedure
• Extension-of-time

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