nurdin mohamed chingo vs salum said mtiwe and another 2020 tzhc 6229 4 february 2020

nurdin mohamed chingo vs salum said mtiwe and another 2020 tzhc 6229 4 february 2020

The application is incompetent for combining two prayers based on different provisions of law which are not interlinked or interdependent, thus rendering it omnibus and irregular. The only remedy is to strike it out.

Citation
nurdin mohamed chingo vs salum said mtiwe and another 2020 tzhc 6229 4 february 2020
Parties
Applicant: Nurdin Mohamed Chingo; 1st Respondent: Salum Said Mtiwe; 2nd Respondent: Hadija Said Mtiwe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 February 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Omnibus Applications, Leave to Appeal, Certification of Point of Law, Appellate Procedure
Source Language
English
Civil Procedure Omnibus Applications Leave to Appeal Certification of Point of Law Appellate Procedure

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Parties

Nurdin Mohamed Chingo

Applicant

Salum Said Mtiwe

1st Respondent

Hadija Said Mtiwe

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether combining prayers for leave to appeal and certification of point of law renders the application incompetent
  2. 2 Whether the application is omnibus and thus irregular and incompetent

Ratio Decidendi

The application is incompetent for combining two prayers based on different provisions of law which are not interlinked or interdependent, thus rendering it omnibus and irregular. The only remedy is to strike it out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out for being omnibus and incompetent
  • Applicant allowed to file a fresh and correct application within fourteen (14) days