edith semguruka vs mgolola rwebangira 2018 tzhclandd 534 10 august 2018
The application was struck out for being incompetent due to wrong citation of the applicable law, as the specific provision (section 38(1) of the Land Disputes Courts Act) was not cited, and such incompetence cannot be cured by amendment.
- Citation
- edith semguruka vs mgolola rwebangira 2018 tzhclandd 534 10 august 2018
- Parties
- Applicant: Edith Semguruka; Respondent: Mgolola Rwebangira
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 August 2018
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Wrong Citation of Law, Preliminary Objection, Land Disputes Courts Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edith Semguruka
Applicant
Mgolola Rwebangira
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal
Legal Issues
- 1 Whether there was wrong citation of the applicable law in the application for extension of time
- 2 Whether the application for extension of time should be granted if the citation was wrong
Ratio Decidendi
The application was struck out for being incompetent due to wrong citation of the applicable law, as the specific provision (section 38(1) of the Land Disputes Courts Act) was not cited, and such incompetence cannot be cured by amendment.
Court Disposition
Application struck out with costs
Orders
- Application struck out for incompetence due to wrong citation of law
- Applicant to pay costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment