idrisa yusufu msangi vs zena bakari mwambo and another 2024 tzhc 140 7 february 2024

idrisa yusufu msangi vs zena bakari mwambo and another 2024 tzhc 140 7 february 2024

Failure to cite the specific enabling provision, where one exists, renders the application incompetent and it must be struck out; section 41(2) of the Land Disputes Courts Act is the proper provision for extension of time in land appeals from the District Land and Housing Tribunal.

Citation
idrisa yusufu msangi vs zena bakari mwambo and another 2024 tzhc 140 7 february 2024
Parties
Applicant: Idrisa Yusuf Msangi; 1st Respondent: Zena Bakari Mbwambo; 2nd Respondent: Mwajuma Twalib Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2024
Procedural Posture
Miscellaneous Civil Land Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Extension of Time, Wrong Citation of Law, Preliminary Objection, Jurisdiction
Source Language
English
Civil Procedure Land Law Extension of Time Wrong Citation of Law Preliminary Objection Jurisdiction

Case Brief

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Parties

Idrisa Yusuf Msangi

Applicant

Zena Bakari Mbwambo

1st Respondent

Mwajuma Twalib Ramadhani

2nd Respondent

Procedural Posture

Miscellaneous Civil Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for being moved under improper provisions of law
  2. 2 Whether failure to cite the specific enabling provision renders the application incompetent

Ratio Decidendi

Failure to cite the specific enabling provision, where one exists, renders the application incompetent and it must be struck out; section 41(2) of the Land Disputes Courts Act is the proper provision for extension of time in land appeals from the District Land and Housing Tribunal.

Court Disposition

application struck out with costs

Orders

  • application struck out
  • costs awarded to respondents