20061012 TZHC Arusha

The application was incompetent due to citation of the wrong or inapplicable provisions of law and failure to properly move the court; a supplementary affidavit cannot cure such defects.

Citation: 20061012 TZHC Arusha
Parties: Applicant: ISSA GETE; Respondent: ISMAIL PALANGYO
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 October 2006
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Wrong Citation of Law, Amendment of Pleadings
Source Language: English

Civil Procedure Extension of Time Wrong Citation of Law Amendment of Pleadings

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Parties

ISSA GETE

Applicant

ISMAIL PALANGYO

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the application for extension of time is competent when brought under the wrong provision of law
2 Whether a supplementary affidavit can cure a defect in the citation of law in the chamber summons

Ratio Decidendi

The application was incompetent due to citation of the wrong or inapplicable provisions of law and failure to properly move the court; a supplementary affidavit cannot cure such defects.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs