emmanuel makamba vs bodi ya wadhamini jimbo kuu mwanza 2020 tzhc 3394 30 october 2020

emmanuel makamba vs bodi ya wadhamini jimbo kuu mwanza 2020 tzhc 3394 30 october 2020

The application was filed under the wrong enabling provision and is therefore incompetent; additionally, it was filed out of time and does not benefit from the exclusion under section 19(2) of Cap. 89.

Citation
emmanuel makamba vs bodi ya wadhamini jimbo kuu mwanza 2020 tzhc 3394 30 october 2020
Parties
Applicant: Emmanuel Makamba; Respondent: Bodi ya Wadhamini Jimbo Kuu Mwanza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application dismissed with costs.
Legal Topics
Preliminary Objection, Wrong Citation of Enabling Provision, Limitation of Time, Certification on Point of Law
Source Language
English
Land Law Civil Procedure Preliminary Objection Wrong Citation of Enabling Provision Limitation of Time Certification on Point of Law

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Parties

Emmanuel Makamba

Applicant

Bodi ya Wadhamini Jimbo Kuu Mwanza

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was properly filed under the correct enabling provision
  2. 2 Whether the application was time barred

Ratio Decidendi

The application was filed under the wrong enabling provision and is therefore incompetent; additionally, it was filed out of time and does not benefit from the exclusion under section 19(2) of Cap. 89.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.