felix abel vs clement kajubi 2018 tzhc 2716 21 september 2018

felix abel vs clement kajubi 2018 tzhc 2716 21 september 2018

The application was incompetent because the applicant failed to cite the proper enabling provision for restoration of a dismissed application. Section 43(1)(b)(2) of the Land Disputes Courts Act does not grant the High Court jurisdiction to restore dismissed applications. The application was struck out with costs.

Citation
felix abel vs clement kajubi 2018 tzhc 2716 21 september 2018
Parties
Applicant: Felix Abel; Respondent: Clement Kajubi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Restoration of Dismissed Application
Outcome
Application struck out with costs
Legal Topics
Restoration of Dismissed Application, Jurisdiction, Proper Citation of Law, Revisional Powers
Source Language
English
Civil Procedure Land Law Restoration of Dismissed Application Jurisdiction Proper Citation of Law Revisional Powers

Case Brief

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Parties

Felix Abel

Applicant

Clement Kajubi

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Restoration of Dismissed Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to restore the dismissed application under the cited provision
  2. 2 Whether the application is competent for want of proper citation of enabling provision

Ratio Decidendi

The application was incompetent because the applicant failed to cite the proper enabling provision for restoration of a dismissed application. Section 43(1)(b)(2) of the Land Disputes Courts Act does not grant the High Court jurisdiction to restore dismissed applications. The application was struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for incompetence due to improper citation of enabling provision.
  • Applicant to pay costs.