mohamed ia abdul hussein vs pita kempap ltd 2005 tzhc 90 6 december 2005

mohamed ia abdul hussein vs pita kempap ltd 2005 tzhc 90 6 december 2005

Combining two different applications (extension of time and leave to appeal) in one chamber summons and supporting them with a single affidavit is contrary to O.XLIII r.2 of the Civil Procedure Code, 1966 and is therefore not permitted.

Citation
mohamed ia abdul hussein vs pita kempap ltd 2005 tzhc 90 6 december 2005
Parties
Applicant: Mohamed I.A. Abdul Hussein; Respondent: Pita Kempap Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2005
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Requirements, Extension of Time, Leave to Appeal, Preliminary Objections
Source Language
English
Civil Procedure Affidavit Requirements Extension of Time Leave to Appeal Preliminary Objections

Case Brief

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Parties

Mohamed I.A. Abdul Hussein

Applicant

Pita Kempap Ltd

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether it is proper to combine two applications (extension of time and leave to appeal) in one chamber summons supported by a single affidavit

Ratio Decidendi

Combining two different applications (extension of time and leave to appeal) in one chamber summons and supporting them with a single affidavit is contrary to O.XLIII r.2 of the Civil Procedure Code, 1966 and is therefore not permitted.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs