20171114 TZCA Dar es Salaam2

The application was struck out for want of competency due to the applicant's failure to comply with mandatory requirements to file written submissions and serve all respondents.

Citation: 20171114 TZCA Dar es Salaam2
Parties: Applicant: Aminiel Mbwambo; Respondents: Omary Mchengule & Others
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 November 2017
Procedural Posture: Civil Application / Ruling on Application for Restoration of Dismissed Application
Outcome: Application struck out for want of competency with costs to the first respondent.
Legal Topics: Restoration of Application, Extension of Time, Non Compliance With Procedural Rules
Source Language: English

Civil Procedure Restoration of Application Extension of Time Non Compliance With Procedural Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2

Parties

Aminiel Mbwambo

Applicant

Omary Mchengule & Others

Respondents

Procedural Posture

Civil Application / Ruling on Application for Restoration of Dismissed Application

Legal Issues

1 Whether the application for restoration is competent before the court given non-compliance with mandatory procedural rules

Ratio Decidendi

The application was struck out for want of competency due to the applicant's failure to comply with mandatory requirements to file written submissions and serve all respondents.

Court Disposition

Application struck out for want of competency with costs to the first respondent.

Orders

Application struck out
Costs awarded to first respondent