20141023 TZCA Arusha

The application cannot proceed as the applicant has not been formally joined as a party in place of the deceased, rendering the application incompetent.

Citation: 20141023 TZCA Arusha
Parties: Applicant: Saidi Ibrahim (Legal Personal Representative of Ibrahim Ramadhan); Respondent: Melembuki Kitasho
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 October 2014
Procedural Posture: Civil Application / Application for Extension of Time to File Application for Revision
Outcome: Application struck out as incompetent
Legal Topics: Extension of Time, Legal Representation, Substitution of Parties
Source Language: English

Civil Procedure Extension of Time Legal Representation Substitution of Parties

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Parties

Saidi Ibrahim (Legal Personal Representative of Ibrahim Ramadhan)

Applicant

Melembuki Kitasho

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Application for Revision

Legal Issues

1 Whether Saidi Ibrahim was properly joined as a legal representative in place of the deceased Ibrahim Ramadhan
2 Whether the application for extension of time is maintainable without proper substitution of parties

Ratio Decidendi

The application cannot proceed as the applicant has not been formally joined as a party in place of the deceased, rendering the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

Application struck out for want of proper substitution of parties