issa omary ramadhani vs hamadi jumanne 2018 tzhc 2557 30 april 2018

The application was struck out because it was brought under the wrong legal provision, which rendered it incompetent as the court was not properly moved.

Source-derived case information.

Citation: issa omary ramadhani vs hamadi jumanne 2018 tzhc 2557 30 april 2018
Parties: Applicant: ISSA OMARY RAMADHANI; Respondent: HAMADI JUMANNE
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 April 2018
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Wrong Citation of Law, Appeals From Primary Court, Preliminary Objection
Source Language: english

Civil Procedure Extension of Time Wrong Citation of Law Appeals From Primary Court Preliminary Objection

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

ISSA OMARY RAMADHANI

Applicant

HAMADI JUMANNE

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal

Legal Issues

1 Whether the application is incompetent for being made under a wrong law
2 Whether failure to cite the correct enabling provision renders the application incompetent

Ratio Decidendi

The application was struck out because it was brought under the wrong legal provision, which rendered it incompetent as the court was not properly moved.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs.

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