20090224 TZHC Dodoma

20090224 TZHC Dodoma

The application was made under the wrong provisions of law and sought a remedy not relating to court fees remission; therefore, it must be struck out with liberty to file afresh under the correct provisions.

Citation
20090224 TZHC Dodoma
Parties
Applicant: Selestine Kakwaya; Respondent: Inspector General of Police; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 February 2009
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Application
Outcome
Application struck out with leave to refile
Legal Topics
Court Fees Remission, Proper Citation of Legal Provisions, Striking Out Applications
Source Language
English
Civil Procedure Court Fees Remission Proper Citation of Legal Provisions Striking Out Applications

Case Brief

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Parties

Selestine Kakwaya

Applicant

Inspector General of Police

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Application

Legal Issues

  1. 1 Whether the application for leave to file suit as a 'law aid suit' was made under the correct legal provisions
  2. 2 Whether the applicant is entitled to remission of court fees

Ratio Decidendi

The application was made under the wrong provisions of law and sought a remedy not relating to court fees remission; therefore, it must be struck out with liberty to file afresh under the correct provisions.

Court Disposition

Application struck out with leave to refile

Orders

  • Application struck out
  • Leave granted to file fresh application under correct provision