20160906 TZHC Dodoma

20160906 TZHC Dodoma

The application is incompetent for failure to comply with the mandatory requirement to attach a petition of appeal or grounds of objection as required by Rule 3 of the Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N. No. 312 of 1964. The previous application was not determined on merits, so res judicata does not apply.

Citation
20160906 TZHC Dodoma
Parties
Applicant: Hamis Mohamed Anchi; Respondent: Asha Said Makunga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Res Judicata, Procedural Requirements for Appeal
Source Language
English
Civil Procedure Extension of Time Res Judicata Procedural Requirements for Appeal

Case Brief

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Parties

Hamis Mohamed Anchi

Applicant

Asha Said Makunga

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is res judicata due to prior dismissal
  2. 2 Whether failure to attach petition of appeal or grounds of appeal renders the application incompetent

Ratio Decidendi

The application is incompetent for failure to comply with the mandatory requirement to attach a petition of appeal or grounds of objection as required by Rule 3 of the Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N. No. 312 of 1964. The previous application was not determined on merits, so res judicata does not apply.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for incompetence due to non-compliance with mandatory procedural requirements.
  • Applicant may file a fresh application in compliance with the law.