20090428 TZHC Arusha
The application was struck out as incompetent because it was premised on a non-existent provision of law, depriving the court of jurisdiction.
- Citation
- 20090428 TZHC Arusha
- Parties
- Applicant: Saiboku Payan; Respondent: Esrael Ndumuya
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 April 2009
- Procedural Posture
- Misc. Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent
- Legal Topics
- Leave to Appeal, Wrong Citation of Law, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Saiboku Payan
Applicant
Esrael Ndumuya
Respondent
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent due to being brought under a non-existent provision of law
Ratio Decidendi
The application was struck out as incompetent because it was premised on a non-existent provision of law, depriving the court of jurisdiction.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for being incompetent
- Costs to follow the event
Full Case Text
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