jaffari mwangi kamukulu vs innocent thadeo another 2023 tzhc 18898 31 march 2023

jaffari mwangi kamukulu vs innocent thadeo another 2023 tzhc 18898 31 march 2023

The application is barred by res judicata and functus officio as extension of time was previously granted and determined to finality. Wrong citation of enabling provision further renders the application incompetent. Section 95 cannot be invoked where a specific provision exists.

Source-derived case information.

Citation
jaffari mwangi kamukulu vs innocent thadeo another 2023 tzhc 18898 31 march 2023
Parties
Applicant: Jaffari Mwangi Kamukulu; 1st Respondent: Innocent Thadeo; 2nd Respondent: Cathbert Simon
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application dismissed for lack of merits.
Legal Topics
Extension of Time, Res Judicata, Functus Officio, Wrong Citation of Law, Costs
Source Language
english
Civil Procedure Land Law Extension of Time Res Judicata Functus Officio Wrong Citation of Law Costs

Source-derived case record

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Parties

Jaffari Mwangi Kamukulu

Applicant

Innocent Thadeo

1st Respondent

Cathbert Simon

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is res judicata
  2. 2 Whether the court is functus officio
  3. 3 Whether the application is defective for wrong citation of enabling provision

Ratio Decidendi

The application is barred by res judicata and functus officio as extension of time was previously granted and determined to finality. Wrong citation of enabling provision further renders the application incompetent. Section 95 cannot be invoked where a specific provision exists.

Court Disposition

Application dismissed for lack of merits.

Orders

  • Each party to bear its own costs.