20170411 TZHC Arusha

20170411 TZHC Arusha

The application was incompetent as it failed to cite a proper enabling provision conferring jurisdiction to the court; section 3 cited deals only with form, not jurisdiction.

Citation
20170411 TZHC Arusha
Parties
Applicant: Hiiti Awe; Respondent: Magret Joseph
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 April 2017
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Issue
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Jurisdiction, Competency of Application
Source Language
English

Case Brief

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Parties

Hiiti Awe

Applicant

Magret Joseph

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Issue

  1. 1 Whether the application was properly brought under an enabling provision conferring jurisdiction to the court
  2. 2 Competency of application for leave to appeal out of time

Ratio Decidendi

The application was incompetent as it failed to cite a proper enabling provision conferring jurisdiction to the court; section 3 cited deals only with form, not jurisdiction.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs