alphonce buhatwa vs julieth rhoda alphonce 2016 tzca 900 26 october 2016

Failure to comply with the mandatory requirements of Rule 48(4) regarding service of documents and Rule 106(1) regarding filing of written submissions renders the applications incompetent and subject to dismissal; no exceptional circumstances were shown to justify waiver of these requirements.

Citation: alphonce buhatwa vs julieth rhoda alphonce 2016 tzca 900 26 october 2016
Parties: Applicant: Alphonce Buhatwa; Respondent: Julieth Rhoda Alphonce
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 October 2016
Procedural Posture: Civil Application / Ruling on Preliminary Objections
Outcome: Applications dismissed with costs
Legal Topics: Extension of Time, Service of Documents, Written Submissions, Preliminary Objections
Source Language: English

Civil Procedure Extension of Time Service of Documents Written Submissions Preliminary Objections

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Alphonce Buhatwa

Applicant

Julieth Rhoda Alphonce

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether failure to serve the respondent with applications and supporting documents within 14 days as per Rule 48(4) of the Tanzania Court of Appeal Rules, 2009 renders the application incompetent
2 Whether failure to file written submissions within 60 days as per Rule 106(1) of the Tanzania Court of Appeal Rules, 2009 renders the application incompetent

Ratio Decidendi

Court Disposition

Applications dismissed with costs

Orders

Civil Application No. 209 of 2016 and Civil Application No. 210 of 2016 are dismissed with costs.