martha khotwe 2014 tzca 192 23 october 2014

martha khotwe 2014 tzca 192 23 october 2014

The application was struck out because the grounds stated for delay were irrelevant to the relief sought, the application was confusing and misconceived, and there was no legal basis to ignore the procedural defects.

Citation
martha khotwe 2014 tzca 192 23 october 2014
Parties
Applicant: Martha Khotwe; Respondent: Miston Mwanjamilya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 October 2014
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Revision, Procedural Defects
Source Language
English
Civil Procedure Extension of Time Revision Procedural 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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Martha Khotwe

Applicant

Miston Mwanjamilya

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether good cause was shown for extension of time to file application for revision
  2. 2 Whether procedural defects in the Notice of Motion are fatal to the application

Ratio Decidendi

The application was struck out because the grounds stated for delay were irrelevant to the relief sought, the application was confusing and misconceived, and there was no legal basis to ignore the procedural defects.

Court Disposition

Application struck out with costs

Orders

  • Application struck out as misconceived
  • Costs awarded to the respondent