numaish stephen fortes vs john nwala samangu others 2017 tzca 136 25 may 2017

The proceedings in the trial court and High Court were nullified due to the misdescription of the second respondent and omission of a necessary party, rendering the present application for extension of time nugatory and subject to being struck out.

Citation: numaish stephen fortes vs john nwala samangu others 2017 tzca 136 25 may 2017
Parties: Applicant: Numaish Stephen Fortes; First Respondent: John Nwala Samangu; Second Respondent: Buzuruga Safari United; Third Respondent: Hezrosm Lazaro Lupemba
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 25 May 2017
Procedural Posture: Civil Application / Ruling on Application for Extension of Time
Outcome: Application struck out
Legal Topics: Extension of Time, Misjoinder of Parties, Party Description Error, Revisional Jurisdiction
Source Language: English

Civil Procedure Extension of Time Misjoinder of Parties Party Description Error Revisional Jurisdiction

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Parties

Numaish Stephen Fortes

Applicant

John Nwala Samangu

First Respondent

Buzuruga Safari United

Second Respondent

Hezrosm Lazaro Lupemba

Third Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether proceedings are vitiated by misdescription of a party
2 Whether the application for extension of time is maintainable after nullification of underlying proceedings

Ratio Decidendi

Court Disposition

Application struck out

Orders

Nullification of proceedings in Miscellaneous Application No. 38 of 2008 and Miscellaneous Civil Revision No. 07 of 2015
Present application struck out