scan Athumani 30848

scan Athumani 30848

Non-citation or wrong citation of the enabling provision is not fatal where the court has jurisdiction, and the principle of overriding objective cures such defects.

Citation
scan Athumani 30848
Parties
Applicant: Athumani Salon; 1st Respondent: Hussein Salum Mmanga; 2nd Respondent: Athumani Mohamed Mmanga; 3rd Respondent: Selemani Juma Ramadhani; 4th Respondent: Shida Shabani Mmanga; 5th Respondent: Ally Jumbe Mmanga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Extension of Time, Wrong Citation of Law, Preliminary Objection, Overriding Objective Principle
Source Language
English
Civil Procedure Land Law Extension of Time Wrong Citation of Law Preliminary Objection Overriding Objective Principle

Case Brief

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Parties

Athumani Salon

Applicant

Hussein Salum Mmanga

1st Respondent

Athumani Mohamed Mmanga

2nd Respondent

Selemani Juma Ramadhani

3rd Respondent

Shida Shabani Mmanga

4th Respondent

Ally Jumbe Mmanga

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether wrong citation of enabling provision renders the application incompetent
  2. 2 Whether the principle of overriding objective cures wrong citation of law

Ratio Decidendi

Non-citation or wrong citation of the enabling provision is not fatal where the court has jurisdiction, and the principle of overriding objective cures such defects.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Hearing of the application to proceed on merit