20170214 TZHC Dodoma
The application was struck out for being incompetent due to the applicant citing the wrong provisions of law, as the Law of Limitation Act, Cap. 89, not the Magistrates' Courts Act, Cap. 11, was applicable for extension of time in matrimonial appeals from the primary court.
- Citation
- 20170214 TZHC Dodoma
- Parties
- Applicant: Hawa Shabani; Respondent: Omari Idd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 February 2017
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objections
- Outcome
- Application struck out as incompetent
- Legal Topics
- Extension of Time, Matrimonial Appeals, Wrong Citation of Law, Affidavit Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hawa Shabani
Applicant
Omari Idd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application for extension of time is incompetent for citing wrong provisions of law
- 2 Whether defects in the affidavit render the application incompetent
Ratio Decidendi
The application was struck out for being incompetent due to the applicant citing the wrong provisions of law, as the Law of Limitation Act, Cap. 89, not the Magistrates' Courts Act, Cap. 11, was applicable for extension of time in matrimonial appeals from the primary court.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for incompetency
- Respondent awarded costs
Full Case Text
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