mary sengo vs ibrahim kilapo 2023 tzhc 19298 31 may 2023

The application was struck out as incompetent due to wrong citation of the enabling provision of law, which is a fundamental procedural error rendering the application incurably defective.

Citation: mary sengo vs ibrahim kilapo 2023 tzhc 19298 31 may 2023
Parties: Applicant: Mary Sengo; Respondent: Ibrahim Kilapo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 May 2023
Procedural Posture: Miscellaneous Application / Ruling on Application for Certificate of Points of Law
Outcome: Application struck out with costs
Legal Topics: Appeals From Primary Courts, Certificate of Point of Law, Wrong Citation of Law, Computation of Limitation Period, Award of Costs
Source Language: English

Civil Procedure Appeals From Primary Courts Certificate of Point of Law Wrong Citation of Law Computation of Limitation Period Award of Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2

Parties

Mary Sengo

Applicant

Ibrahim Kilapo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Certificate of Points of Law

Legal Issues

1 Whether the application for certificate of points of law was properly before the court given the citation of the law
2 Whether the appeal to the High Court was filed out of time
3 Whether the High Court erred in awarding costs not prayed for

Ratio Decidendi

The application was struck out as incompetent due to wrong citation of the enabling provision of law, which is a fundamental procedural error rendering the application incurably defective.

Court Disposition

Application struck out with costs

Orders

The application is struck out as incompetent due to wrong citation of law.
Applicant to pay costs.