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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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Parties
Hiiti Awe
Applicant
Magret Joseph
Respondent
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Issue
Legal Issues
- 1 Whether the application was properly brought under an enabling provision conferring jurisdiction to the court
- 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
Full Case Text
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