agness sengerema vs magese kadama another 2014 tzhclandd 44 30 april 2014
The application was incompetent because it was brought under the wrong legal provisions, which did not grant the court authority to entertain the matter.
- Citation
- agness sengerema vs magese kadama another 2014 tzhclandd 44 30 april 2014
- Parties
- Applicant: Agness Sengerema; Respondent: Magese Kadama and Another
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2014
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Preliminary Objection, Wrong Citation of Law, Competence of Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Agness Sengerema
Applicant
Magese Kadama and Another
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent due to wrong or non-citation of enabling legal provisions
Ratio Decidendi
The application was incompetent because it was brought under the wrong legal provisions, which did not grant the court authority to entertain the matter.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs
Full Case Text
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