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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the application for extension of time was properly before the court under the cited provision
- 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
Full Case Text
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