20100831 TZCA Arusha

The application was incompetent because it failed to cite the relevant rules under which it was brought and did not state any grounds as required by the applicable procedural rules.

Citation: 20100831 TZCA Arusha
Parties: Applicant: Absalom Benjamin; Respondent: Bertha Urassa; Respondent: Jasper W. Mlay
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 31 August 2010
Procedural Posture: Civil Application / Ruling on Application to the Court of Appeal
Outcome: Application struck out as incompetent
Legal Topics: Extension of Time, Competence of Application, Proper Citation of Rules
Source Language: English

Civil Procedure Extension of Time Competence of Application Proper Citation of Rules

Case Brief

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Parties

Absalom Benjamin

Applicant

Bertha Urassa

Respondent

Jasper W. Mlay

Respondent

Procedural Posture

Civil Application / Ruling on Application to the Court of Appeal

Legal Issues

1 Whether the application was competent before the Court of Appeal
2 Whether the application properly cited the relevant rules
3 Whether the application stated grounds as required by the rules

Ratio Decidendi

The application was incompetent because it failed to cite the relevant rules under which it was brought and did not state any grounds as required by the applicable procedural rules.

Court Disposition

Application struck out as incompetent

Orders

Application struck out
No order as to costs