20140813 TZCA Dodoma

20140813 TZCA Dodoma

The application was incompetent due to failure to attach the relevant record of proceedings and contravention of Rule 65(5) of the Court of Appeal Rules 2009. The respondent is entitled to costs as he reasonably incurred them in preparing for the hearing.

Source-derived case information.

Citation
20140813 TZCA Dodoma
Parties
Applicant: Mohamed Salmini; Respondent: Jumanne Omary Mapesa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 August 2014
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objections
Outcome
Application struck out for incompetency.
Legal Topics
Revision, Preliminary Objections, Costs
Source Language
english
Civil Procedure Revision Preliminary Objections Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mohamed Salmini

Applicant

Jumanne Omary Mapesa

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is competent without attaching the relevant record of proceedings
  2. 2 Whether the application contravenes Rule 65(5) of the Court of Appeal Rules 2009
  3. 3 Whether the respondent is entitled to costs after the applicant concedes to preliminary objections

Ratio Decidendi

The application was incompetent due to failure to attach the relevant record of proceedings and contravention of Rule 65(5) of the Court of Appeal Rules 2009. The respondent is entitled to costs as he reasonably incurred them in preparing for the hearing.

Court Disposition

Application struck out for incompetency.

Orders

  • Respondent awarded costs.