20060524 TZHC Dar es Salaam 1

20060524 TZHC Dar es Salaam 1

The application was struck out because the supporting affidavit was incurably defective for containing narration and arguments, and the court was functus officio after dismissing the appeal for want of prosecution.

Citation
20060524 TZHC Dar es Salaam 1
Parties
Applicant: ABDALLAH HEMED HAKIYAMUNGU; Respondent: SELEMANI MARANDO
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 May 2006
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection to Application for Restoration of Appeal
Outcome
application struck out
Legal Topics
Affidavit Defects, Functus Officio, Restoration of Appeal, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Functus Officio Restoration of Appeal Preliminary Objection

Case Brief

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Parties

ABDALLAH HEMED HAKIYAMUNGU

Applicant

SELEMANI MARANDO

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection to Application for Restoration of Appeal

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective
  2. 2 Whether the High Court can restore an appeal it has dismissed for want of prosecution

Ratio Decidendi

The application was struck out because the supporting affidavit was incurably defective for containing narration and arguments, and the court was functus officio after dismissing the appeal for want of prosecution.

Court Disposition

application struck out

Orders

  • application struck out
  • no order as to costs