20170330 TZHC Arusha

20170330 TZHC Arusha

The application was brought under a provision (Order IX Rule 9(1) of the Civil Procedure Code) that applies only to suits, not applications, and there is no specific provision for restoring dismissed applications; thus, the application is incompetent due to wrong citation of law.

Citation
20170330 TZHC Arusha
Parties
Applicant: Bavon John Mrema; Respondent: Silvester John Mrema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 March 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Wrong Citation of Law, Affidavit Defects, Setting Aside Dismissal, Inherent Powers of Court
Source Language
English
Civil Procedure Wrong Citation of Law Affidavit Defects Setting Aside Dismissal Inherent Powers of Court

Case Brief

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Parties

Bavon John Mrema

Applicant

Silvester John Mrema

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was brought under the correct provision of law
  2. 2 Whether the supporting affidavits were incurably defective

Ratio Decidendi

The application was brought under a provision (Order IX Rule 9(1) of the Civil Procedure Code) that applies only to suits, not applications, and there is no specific provision for restoring dismissed applications; thus, the application is incompetent due to wrong citation of law.

Court Disposition

Application struck out with costs

Orders

  • Application struck out for being incompetent due to wrong citation of law
  • Applicant to pay costs