buchambi misobi vs jilala magashi 2020 tzhc 1619 29 july 2020
The application was struck out for being incompetent due to wrong citation of the enabling provision of the law.
Source-derived case information.
- Citation
- buchambi misobi vs jilala magashi 2020 tzhc 1619 29 july 2020
- Parties
- Applicant: Buchambi Misobi; Respondent: Jilala Magashi (As Administrator of the Estate of the late Shabani Nyanda, Deceased)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 July 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Citation of Enabling Provision
- Outcome
- Application struck out as incompetent with leave to refile within 30 days.
- Legal Topics
- Wrong Citation of Enabling Provision, Incompetent Application, Leave to Refile
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Buchambi Misobi
Applicant
Jilala Magashi (As Administrator of the Estate of the late Shabani Nyanda, Deceased)
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Citation of Enabling Provision
Legal Issues
- 1 Whether the application is competent in light of the wrong citation of the enabling provision of the law
Ratio Decidendi
The application was struck out for being incompetent due to wrong citation of the enabling provision of the law.
Court Disposition
Application struck out as incompetent with leave to refile within 30 days.
Orders
- Application struck out for incompetence due to wrong citation of enabling provision.
- Leave granted to file a fresh application within 30 days.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE DISTRICT REGISTRY OF SHINYANGA AT SHINYANGA MISC. LAND APPLICATION NO. 40 OF 2018 (Arising the ruling o f the High Court o f Tanzania at Shinyanga, before Hon. Madam Justice V.L. Makani,J) dated 5th October, 2018 in Misc. Land Application No. 20 of 2016, from Misc. Land Case Appeal No. 32 of 2013; Original Application No. 16 of 2013 o f the District Land and Housing Tribunal for Maswa at Maswa) BUCHAMBI MISOBI................................................... APPLICANT VERSUS JILALA MAGASHI.................................................RESPONDENT (As Administrator of the Estate of the late SHABANI NYANDA, Deceased) RULING Date of Last Order: 2$hJuly, 2020 Date of Ruling: 2$hJuly, 2020 MKWIZU, J.: This application came for hearing exparte on 16/6/2020. When I was about to compose the ruling, it came into my knowledge that the application contained wrong citations of the enabling provision of the law. I invited applicant to address the court on that issue. When Mr. Lukas Komba, counsel for the applicant appeared today he readily conceded to the defect. He prayed to be allowed to amended the application by inserting in the chamber summons a proper enabling provision of the law. Alternatively, he said, application be struck out with leave to refile. As stated earlier, the application contains wrong provision of the law. It is a trite law that wrong citation venders the application incompetent. The application is hereby struck out for being incompetent. However, for the interest of justice leave is granted to the applicant to file a fresh application if he so wishes. The application should be filed within 30 days from the date of today's order. It is so ordered. DATED at SHINYANGA this 29h day of July, 2020. Court: Ruling delivered in the presence of Mr. Lucas Komba for the Applicant. 2