hamduni

hamduni

The application was struck out as incompetent due to wrong citation of the law; section 38(1) of the Land Disputes Courts Act applies only to appeals from appellate or revisional jurisdiction, not original jurisdiction.

Citation
hamduni
Parties
Applicant: Aziziissa Hamduni; 1st Respondent: NMB Bank PLC; 2nd Respondent: Athumani Kirua; 3rd Respondent: Gadau Auction Mart & Co Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application struck out as incompetent due to incurable procedural defect (wrong citation of law).
Legal Topics
Extension of Time, Wrong Citation of Law, Jurisdiction, Procedural Defects
Source Language
English
Land Law Civil Procedure Extension of Time Wrong Citation of Law Jurisdiction Procedural Defects

Case Brief

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Parties

Aziziissa Hamduni

Applicant

NMB Bank PLC

1st Respondent

Athumani Kirua

2nd Respondent

Gadau Auction Mart & Co Ltd

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time was properly before the court given the citation of section 38(1) of the Land Disputes Courts Act
  2. 2 Whether wrong citation of law renders the application incompetent

Ratio Decidendi

The application was struck out as incompetent due to wrong citation of the law; section 38(1) of the Land Disputes Courts Act applies only to appeals from appellate or revisional jurisdiction, not original jurisdiction.

Court Disposition

Application struck out as incompetent due to incurable procedural defect (wrong citation of law).

Orders

  • Application struck out
  • No order as to costs