20150828 TZHC Arusha 1

20150828 TZHC Arusha 1

The application was struck out for failure to indicate the name of the person who drew the application, as required by law, rendering it defective.

Citation
20150828 TZHC Arusha 1
Parties
Applicant: Paulo Samwel Shango; Respondent: Terutiliano Elifasi Kaaya; Respondent: Ndelilio Obilio Mbise; Respondent: Malaki Elifasi Kaaya; Respondent: Daniel Elifasi Kaaya; Respondent: Helena Kunda Kaaya; Respondent: Giliad Solomon Kaaya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Preliminary Objection, Taxation of Costs, Procedural Defects
Source Language
English
Civil Procedure Extension of Time Preliminary Objection Taxation of Costs Procedural Defects

Case Brief

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Parties

Paulo Samwel Shango

Applicant

Terutiliano Elifasi Kaaya

Respondent

Ndelilio Obilio Mbise

Respondent

Malaki Elifasi Kaaya

Respondent

Daniel Elifasi Kaaya

Respondent

Helena Kunda Kaaya

Respondent

Giliad Solomon Kaaya

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was properly before the court under the cited law
  2. 2 Whether failure to indicate the drawer's name renders the application defective
  3. 3 Whether the annexed ruling was valid for the application

Ratio Decidendi

The application was struck out for failure to indicate the name of the person who drew the application, as required by law, rendering it defective.

Court Disposition

Application struck out with costs

Orders

  • Application struck out for want of compliance with section 44(1) of the Advocates Act
  • Applicant to pay costs