rafael john mchilo vs thomas rafael mgimba others 2014 tzhclandd 42 3 october 2014

rafael john mchilo vs thomas rafael mgimba others 2014 tzhclandd 42 3 october 2014

The application was filed under a provision that does not apply to matters originating from the tribunal's original jurisdiction, rendering the application incompetent.

Citation
rafael john mchilo vs thomas rafael mgimba others 2014 tzhclandd 42 3 october 2014
Parties
Applicant: Rafael John Mchilo; Respondent: Thomaso Rafael Mgimba; Respondent: Malumbo Msigwa; Respondent: Joseph Mwinuka
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 October 2014
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Jurisdiction, Wrong Citation of Law
Source Language
English

Case Brief

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Parties

Rafael John Mchilo

Applicant

Thomaso Rafael Mgimba

Respondent

Malumbo Msigwa

Respondent

Joseph Mwinuka

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

  1. 1 Whether the application for extension of time was properly before the court under the cited provision
  2. 2 Whether Section 38(1) of the Land Disputes Courts Act applies to matters from original jurisdiction

Ratio Decidendi

The application was filed under a provision that does not apply to matters originating from the tribunal's original jurisdiction, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application declared incompetent and struck out with costs