kidawa iddi vs halfan athumani pazi another 2012 tzhc 17 21 november 2012

kidawa iddi vs halfan athumani pazi another 2012 tzhc 17 21 november 2012

The application was incompetent as it cited Rule 10 of the Court of Appeal Rules, 2009, which does not apply to the High Court; the proper provision should have been section 14(1) of the Law of Limitation Act. Failure to cite the correct provision renders the application incompetent and liable to be struck out.

Citation
kidawa iddi vs halfan athumani pazi another 2012 tzhc 17 21 november 2012
Parties
Applicant: Kidawa Iddi; 1st Respondent: Halfan Athumani Pazi; 2nd Respondent: Khalfan Said Selemani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Citation of Proper Legal Provision, Leave to Appeal, Jurisdiction
Source Language
English
Civil Procedure Succession Law Extension of Time Citation of Proper Legal Provision Leave to Appeal Jurisdiction

Case Brief

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Parties

Kidawa Iddi

Applicant

Halfan Athumani Pazi

1st Respondent

Khalfan Said Selemani

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether citing Rule 10 of the Court of Appeal Rules, 2009 properly moves the High Court for extension of time
  2. 2 Whether failure to cite the proper provision renders the application incompetent

Ratio Decidendi

The application was incompetent as it cited Rule 10 of the Court of Appeal Rules, 2009, which does not apply to the High Court; the proper provision should have been section 14(1) of the Law of Limitation Act. Failure to cite the correct provision renders the application incompetent and liable to be struck out.

Court Disposition

Application struck out

Orders

  • Miscellaneous Civil Application Number 97 of 2012 is struck out
  • Each side shall bear its own costs