hawa shabani vs omari idd 2017 tzhc 2049 14 february 2017

hawa shabani vs omari idd 2017 tzhc 2049 14 february 2017

The applicant cited wrong provisions of law for extension of time; the Law of Limitation Act, Cap. 89 is applicable, not the Magistrates’ Courts Act. The application is incompetent and liable to be struck out.

Citation
hawa shabani vs omari idd 2017 tzhc 2049 14 february 2017
Parties
Applicant: Hawashabani; 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
Legal Topics
Extension of Time, Matrimonial Appeals, Wrong Citation of Law, Affidavit Defects
Source Language
English
Civil Procedure Family Law Extension of Time Matrimonial Appeals Wrong Citation of Law Affidavit Defects

Case Brief

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Parties

Hawashabani

Applicant

Omari Idd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for citing wrong provisions of law
  2. 2 Whether the affidavit is defective for lack of date in verification clause and jurat of attestation
  3. 3 Whether the affidavit contains prayers and opinion

Ratio Decidendi

The applicant cited wrong provisions of law for extension of time; the Law of Limitation Act, Cap. 89 is applicable, not the Magistrates’ Courts Act. The application is incompetent and liable to be struck out.

Court Disposition

application struck out

Orders

  • application struck out for being incompetent
  • respondent awarded costs