alphonce buhatwa vs julieth rhoda alphonce 2016 tzca 753 16 march 2016

alphonce buhatwa vs julieth rhoda alphonce 2016 tzca 753 16 march 2016

The application was struck out because it was brought in an omnibus form, combining multiple applications under different rules, which is not permitted under the Court of Appeal Rules and renders the application incurably defective.

Source-derived case information.

Citation
alphonce buhatwa vs julieth rhoda alphonce 2016 tzca 753 16 march 2016
Parties
Applicant: Alphonce Buhatwa; Respondent: Julieth Rhoda Alphonce
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 March 2016
Procedural Posture
Civil Application / Application for Extension of Time Before the Court of Appeal
Outcome
application struck out with costs
Legal Topics
Extension of Time, Omnibus Applications, Competence of Applications
Source Language
english
Civil Procedure Extension of Time Omnibus Applications Competence of Applications

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Summary, issues, holding and outcome

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Parties

Alphonce Buhatwa

Applicant

Julieth Rhoda Alphonce

Respondent

Procedural Posture

Civil Application / Application for Extension of Time Before the Court of Appeal

Legal Issues

  1. 1 Whether the application for extension of time and other reliefs filed in omnibus form is competent
  2. 2 Whether the Court can split and determine only part of an omnibus application

Ratio Decidendi

The application was struck out because it was brought in an omnibus form, combining multiple applications under different rules, which is not permitted under the Court of Appeal Rules and renders the application incurably defective.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.