leonard kivelege vs edson elia kivelege another 2019 tzhc 198 17 december 2019

leonard kivelege vs edson elia kivelege another 2019 tzhc 198 17 december 2019

The application was incompetent for not being filed in the required format (memorandum of review) as prescribed by Order XLII Rule 3 of the Civil Procedure Code; thus, it must be struck out.

Citation
leonard kivelege vs edson elia kivelege another 2019 tzhc 198 17 december 2019
Parties
Applicant: Leonard Kivelege; 1st Respondent: Edson Elia Kivelege; 2nd Respondent: Baton Elia Kivelege
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 2019
Procedural Posture
Probate and Administration Review / Ruling on Preliminary Objection
Outcome
Application struck out for incompetence; applicant to bear costs.
Legal Topics
Application for Review, Form of Application, Enabling Provisions, Preliminary Objection
Source Language
English
Civil Procedure Probate Application for Review Form of Application Enabling Provisions Preliminary Objection

Case Brief

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Parties

Leonard Kivelege

Applicant

Edson Elia Kivelege

1st Respondent

Baton Elia Kivelege

2nd Respondent

Procedural Posture

Probate and Administration Review / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for review was filed in the correct form as required by law
  2. 2 Whether the application cited proper enabling provisions

Ratio Decidendi

The application was incompetent for not being filed in the required format (memorandum of review) as prescribed by Order XLII Rule 3 of the Civil Procedure Code; thus, it must be struck out.

Court Disposition

Application struck out for incompetence; applicant to bear costs.

Orders

  • Application struck out
  • Applicant to bear costs