20110520 TZHC Dar es Salaam
The application is defective and misconceived because it seeks leave to appeal instead of the legally required certificate on point of law, and fails to cite the proper enabling provisions. Both errors are fatal and warrant striking out the application.
- Citation
- 20110520 TZHC Dar es Salaam
- Parties
- Applicant: Mtakuja Kondo; Applicant: Mwangazi Kondo; Applicant: Mustafa Kondo; Applicant: Lwinde Kondo; Respondent: Wendo Malik
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 2011
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Leave to Appeal, Certificate on Point of Law, Stay of Execution, Non Citation of Enabling Provisions, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mtakuja Kondo
Applicant
Mwangazi Kondo
Applicant
Mustafa Kondo
Applicant
Lwinde Kondo
Applicant
Wendo Malik
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is misconceived for seeking leave to appeal instead of a certificate on point of law
- 2 Whether non-citation of proper enabling provisions is fatal to the application
Ratio Decidendi
The application is defective and misconceived because it seeks leave to appeal instead of the legally required certificate on point of law, and fails to cite the proper enabling provisions. Both errors are fatal and warrant striking out the application.
Court Disposition
Application struck out with costs
Orders
- The entire application is struck out with costs.
Full Case Text
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