aminiel mbwambo vs omary mchengule others 2017 tzca 286 16 november 2017

Failure to comply with mandatory requirements of filing written submissions and serving all respondents renders the application incompetent and liable to be struck out.

Citation: aminiel mbwambo vs omary mchengule others 2017 tzca 286 16 november 2017
Parties: Applicant: Aminiel Mbwambo; Respondent: Omary Mchengule; Respondent: Others
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 16 November 2017
Procedural Posture: Civil Application / Ruling on Restoration Application
Outcome: application struck out
Legal Topics: Restoration of Application, Extension of Time, Review of Court Decision, Compliance With Procedural Rules
Source Language: English

Civil Procedure Restoration of Application Extension of Time Review of Court Decision Compliance With Procedural Rules

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Parties

Aminiel Mbwambo

Applicant

Omary Mchengule

Respondent

Others

Respondent

Procedural Posture

Civil Application / Ruling on Restoration Application

Legal Issues

1 Whether the application for restoration is tenable given non-compliance with mandatory procedural rules

Ratio Decidendi

Failure to comply with mandatory requirements of filing written submissions and serving all respondents renders the application incompetent and liable to be struck out.

Court Disposition

application struck out

Orders

Application struck out for want of competency
Costs awarded to first respondent