20131119 TZCA Dar es Salaam

20131119 TZCA Dar es Salaam

The application was incompetent because the applicant failed to cite the relevant and correct procedural rules (Rules 111 and 50(1)) for the amendments sought, instead citing a non-existent rule and an inapplicable general provision.

Citation
20131119 TZCA Dar es Salaam
Parties
Applicant: Ally Issa Kagile; Respondent: Abdallah Issa Kagile; Respondent: Abdallah Salum Said
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 November 2013
Procedural Posture
Civil Application / Ruling on Application to Amend Parties in Pending Appeal and Application
Outcome
application struck out as incompetent
Legal Topics
Amendment of Pleadings, Proper Citation of Procedural Rules, Competency of Applications
Source Language
English
Civil Procedure Amendment of Pleadings Proper Citation of Procedural Rules Competency of Applications

Case Brief

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Parties

Ally Issa Kagile

Applicant

Abdallah Issa Kagile

Respondent

Abdallah Salum Said

Respondent

Procedural Posture

Civil Application / Ruling on Application to Amend Parties in Pending Appeal and Application

Legal Issues

  1. 1 Whether the applicant properly moved the Court by citing the correct procedural rules for amendment of parties in pending appeal and application.

Ratio Decidendi

The application was incompetent because the applicant failed to cite the relevant and correct procedural rules (Rules 111 and 50(1)) for the amendments sought, instead citing a non-existent rule and an inapplicable general provision.

Court Disposition

application struck out as incompetent

Orders

  • The application is struck out.