20161213 TZHC Mwanza3

20161213 TZHC Mwanza3

The judge lacks jurisdiction to entertain the application for review because the judge who made the order is still at the station; prudence and judicial courtesy require that the same judge handle the matter.

Citation
20161213 TZHC Mwanza3
Parties
Applicant: Allen E Madila; 1st Respondent: Elizabeth John; 2nd Respondent: Christina Zakaria Madila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2016
Procedural Posture
Civil Appeal / Interlocutory Application for Extension of Time and Review
Outcome
Application not determined on merits; file to be placed before the judge who made the original order.
Legal Topics
Extension of Time, Review of Court Order, Jurisdiction
Source Language
English
Civil Procedure Extension of Time Review of Court Order Jurisdiction

Case Brief

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Parties

Allen E Madila

Applicant

Elizabeth John

1st Respondent

Christina Zakaria Madila

2nd Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Extension of Time and Review

Legal Issues

  1. 1 Whether the application for extension of time and review can be entertained together (omnibus application)
  2. 2 Whether the judge hearing the application has jurisdiction to review an order made by another judge who is still at the station

Ratio Decidendi

The judge lacks jurisdiction to entertain the application for review because the judge who made the order is still at the station; prudence and judicial courtesy require that the same judge handle the matter.

Court Disposition

Application not determined on merits; file to be placed before the judge who made the original order.

Orders

  • File to be placed before the judge in charge for assignment to the original judge if available.