20171020 TZHC Dar es Salaam 2
Where an advocate has wrongly moved the court by citing incorrect enabling provisions, the error is not curable by amendment and renders the application incompetent.
- Citation
- 20171020 TZHC Dar es Salaam 2
- Parties
- Applicant: Fatuma Mohamed; Respondent: Abdullatif Mohamed
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 October 2017
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Wrong Citation of Law, Jurisdiction, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2
Parties
Fatuma Mohamed
Applicant
Abdullatif Mohamed
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is properly before the court due to citation of enabling provisions
- 2 Whether the affidavit in support is defective
- 3 Whether the application is filed in the correct court
Ratio Decidendi
Where an advocate has wrongly moved the court by citing incorrect enabling provisions, the error is not curable by amendment and renders the application incompetent.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
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