20160906 TZHC Dodoma

20160906 TZHC Dodoma

The application is not res judicata as the previous application was not determined on merit but struck out; however, the present application is incompetent for failure to comply with mandatory procedural requirements.

Source-derived case information.

Citation
20160906 TZHC Dodoma
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, Appeals From Primary Courts
Source Language
english
Civil Procedure Extension of Time Res Judicata Appeals From Primary Courts

Source-derived case record

Summary, issues, holding and outcome

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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
  2. 2 Whether the application is incompetent for failure to attach petition of appeal or grounds of objection

Ratio Decidendi

The application is not res judicata as the previous application was not determined on merit but struck out; however, the present application is incompetent for failure to comply with mandatory procedural requirements.

Court Disposition

Application struck out with costs.

Orders

  • Application struck out with costs.
  • Applicant permitted to file a fresh application compliant with the law.