20051206 TZHC Dar es Salaam2

20051206 TZHC Dar es Salaam2

Combining two different applications (extension of time and leave to appeal) in one chamber summons and supporting them with a single affidavit is contrary to Order XLIII Rule 2 of the Civil Procedure Code, 1966; therefore, the application is struck out.

Citation
20051206 TZHC Dar es Salaam2
Parties
Applicant: Mohamed I.A. Abdul Hussein; Respondent: Pita Kempap Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2005
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Requirements, Extension of Time, Leave to Appeal, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Requirements Extension of Time Leave to Appeal Preliminary Objection

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Parties

Mohamed I.A. Abdul Hussein

Applicant

Pita Kempap Ltd

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether it is permissible to combine two applications (extension of time and leave to appeal) in one chamber summons supported by a single affidavit under the Civil Procedure Code, 1966

Ratio Decidendi

Combining two different applications (extension of time and leave to appeal) in one chamber summons and supporting them with a single affidavit is contrary to Order XLIII Rule 2 of the Civil Procedure Code, 1966; therefore, the application is struck out.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs