melkiory mallya vs rose peter massawe 2018 tzhc 2594 25 september 2018

The application was struck out as incompetent due to being brought under the wrong provision of law, rendering the court without jurisdiction to entertain it.

Citation: melkiory mallya vs rose peter massawe 2018 tzhc 2594 25 september 2018
Parties: Applicant: Melkiory Mallya; Respondent: Rose Peter Massawe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 September 2018
Procedural Posture: Miscellaneous Land Case Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal
Outcome: Application struck out as incompetent.
Legal Topics: Extension of Time, Wrong Citation of Law, Bill of Costs, Taxation of Costs
Source Language: English

Civil Procedure Land Law Extension of Time Wrong Citation of Law Bill of Costs Taxation of Costs

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Parties

Melkiory Mallya

Applicant

Rose Peter Massawe

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal

Legal Issues

1 Whether the application for extension of time is maintainable when brought under the wrong provision of law
2 Whether failure to comply with directives regarding jurat on affidavit renders the application defective

Ratio Decidendi

The application was struck out as incompetent due to being brought under the wrong provision of law, rendering the court without jurisdiction to entertain it.

Court Disposition

Application struck out as incompetent.

Orders

Application struck out.
No order as to costs.