Misc civil appl no 16548 of 2024 Naomi Christopher Shayo

The application is incompetent due to the wrong citation of the enabling provision of law, which is not a mere technicality but a fundamental defect that cannot be cured by amendment or the overriding objective principle.

Source-derived case information.

Citation: Misc civil appl no 16548 of 2024 Naomi Christopher Shayo
Parties: 1st Applicant: Naomi Christipher Shayo; 2nd Applicant: Naomi Christopher Shayo (Next Friend of Damica Jimmy Mkenda); 1st Respondent: Manfred Clement Mbuya; 2nd Respondent: Vera Mkenda
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Application dismissed as incompetent
Legal Topics: Wrong Citation of Law, Preliminary Objection, Stay of Proceedings, Probate and Administration
Source Language: english

Civil Procedure Wrong Citation of Law Preliminary Objection Stay of Proceedings Probate and Administration

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2

Parties

Naomi Christipher Shayo

1st Applicant

Naomi Christopher Shayo (Next Friend of Damica Jimmy Mkenda)

2nd Applicant

Manfred Clement Mbuya

1st Respondent

Vera Mkenda

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is incompetent for citing the wrong provision of law

Ratio Decidendi

Court Disposition

Application dismissed as incompetent

Orders

Preliminary objection upheld
Application dismissed for incompetence

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