legal maxim

The maxim Nunc pro tunc is a Latin phrase which means now for then. This maxim is used to express things which are done at a later time than it should have been done at. Using this maxim, an order for a previous day can be passed. This can only be done when the delay has been done due to an act of the Court. Using this maxim, an order for a previous date can be released. For example, if any divorce file had to be recorded and there was a mistake on the part of the Court’s clerk in registering it and now one of the parties have remarried, in this case, the use of this maxim will prevent a bigamous marriage situation. It should be noted here that this maxim can only be applied if the parties have acted in a diligent manner and the use of this maxim would not create any prejudice.

Pennyfeather v. Timminco

In this case, the Court rejected the plea for the application of Nunc pro tunc seeing that the party claiming relief under the maxim were not diligent in their part. In search of finding a representative plaintiff, the appellant was without a representative plaintiff for eighteen months. The appellant had also not responded to the respondent’s demand for particulars. The Court found that these practises showed that the appellant was lacking in their diligence.

M.P.A.N. v. J.N.

In this case relating to child support, the 2006 order had mistakenly not mentioned the inclusion of the post-judgement interest clause. When the wife filed a case under Nunc pro tunc to correct the wrong, the Court held that including the post-judgement interest clause now would not prejudice the husband in any form and that the limitation period would not be affected by this and thus the order of March, 2006 was corrected.