hamis mohamed anchi vs asha said makunga 2016 tzhc 2063 6 september 2016

hamis mohamed anchi vs asha said makunga 2016 tzhc 2063 6 september 2016

The application is incompetent for failure to comply with the mandatory requirement to attach a petition of appeal or grounds of objection as required by Rule 3 of G.N. 312 of 1964. The previous application was not determined on merit, so res judicata does not apply.

Source-derived case information.

Citation
hamis mohamed anchi vs asha said makunga 2016 tzhc 2063 6 september 2016
Parties
Applicant: Hamis Mohamed Anchi; Respondent: Asha Said Makunga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Res Judicata, Procedural Compliance
Source Language
english
Civil Procedure Extension of Time Res Judicata Procedural Compliance

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Parties

Hamis Mohamed Anchi

Applicant

Asha Said Makunga

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is res judicata due to prior dismissal of a similar application
  2. 2 Whether failure to attach a petition of appeal or grounds of objection renders the application incompetent

Ratio Decidendi

The application is incompetent for failure to comply with the mandatory requirement to attach a petition of appeal or grounds of objection as required by Rule 3 of G.N. 312 of 1964. The previous application was not determined on merit, so res judicata does not apply.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for incompetence due to non-compliance with Rule 3 of G.N. 312 of 1964.
  • Applicant may file a fresh application in compliance with the law.