eugin frank mgimba vs severin mtalo 2020 tzhclandd 146 22 may 2020

The application was not competently before the court because the affidavit did not support the relief sought and the application was brought under the wrong provision of law.

Citation: eugin frank mgimba vs severin mtalo 2020 tzhclandd 146 22 may 2020
Parties: Applicant: Eugin Frank Mgimba; Respondent: Severin Mtalo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 May 2020
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Appeals, Jurisdiction, Procedural Competence
Source Language: English

Land Law Civil Procedure Extension of Time Appeals Jurisdiction Procedural Competence

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Parties

Eugin Frank Mgimba

Applicant

Severin Mtalo

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

1 Whether the application for extension of time to appeal is competent before the court
2 Whether the affidavit supports the application for extension of time
3 Whether the application was brought under the correct provision of law

Ratio Decidendi

The application was not competently before the court because the affidavit did not support the relief sought and the application was brought under the wrong provision of law.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs.