izam abdu vs barikia amrani another 2018 tzhc 2438 23 february 2018

izam abdu vs barikia amrani another 2018 tzhc 2438 23 february 2018

The application was struck out because the supporting affidavit was defective due to argumentative paragraphs, and the application was improperly before the High Court after prior refusal; applicant must apply to the Court of Appeal.

Citation
izam abdu vs barikia amrani another 2018 tzhc 2438 23 february 2018
Parties
Applicant: Izam Abdu; Respondent: Barikia Amranh; Respondent: Dauda Kanagwei
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Leave to Appeal, Affidavit Defects
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Affidavit Defects

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Izam Abdu

Applicant

Barikia Amranh

Respondent

Dauda Kanagwei

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective due to argumentative paragraphs
  2. 2 Whether the application for leave to appeal is properly before the High Court after prior refusal

Ratio Decidendi

The application was struck out because the supporting affidavit was defective due to argumentative paragraphs, and the application was improperly before the High Court after prior refusal; applicant must apply to the Court of Appeal.

Court Disposition

Application struck out

Orders

  • Application struck out with no order as to costs
  • Applicant advised to file at the Court of Appeal if desired