jenga said others vs blanket manufacturer others 2023 tzca 17452 25 july 2023

jenga said others vs blanket manufacturer others 2023 tzca 17452 25 july 2023

The application is incompetent because it joined new applicants who were not parties to the previous proceedings without leave of the Court, and the supporting affidavit was sworn by a person not a party to the application, contrary to the rules.

Citation
jenga said others vs blanket manufacturer others 2023 tzca 17452 25 july 2023
Parties
Applicant: Jenga Said & 258 Others; 1st Respondent: Blanket Manufacturer; 2nd Respondent: Treasury Registrar; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 2023
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Restore Dismissed Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Restoration of Dismissed Appeal, Joinder of Parties, Affidavit Requirements
Source Language
English
Civil Procedure Extension of Time Restoration of Dismissed Appeal Joinder of Parties Affidavit Requirements

Case Brief

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Parties

Jenga Said & 258 Others

Applicant

Blanket Manufacturer

1st Respondent

Treasury Registrar

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application is incompetent for joining new parties not party to the previous proceedings
  2. 2 Whether the supporting affidavit is valid

Ratio Decidendi

The application is incompetent because it joined new applicants who were not parties to the previous proceedings without leave of the Court, and the supporting affidavit was sworn by a person not a party to the application, contrary to the rules.

Court Disposition

Application struck out with costs

Orders

  • Preliminary objection sustained
  • Application struck out with costs