rashidi kaseyu and 3 others vs ally sudi masimba 2020 tzhc 4309 25 september 2020
Citing a general provision instead of the specific statutory provision governing appeals from the District Land and Housing Tribunal renders the application incompetent and cannot be cured by the overriding objective principle.
- Citation
- rashidi kaseyu and 3 others vs ally sudi masimba 2020 tzhc 4309 25 september 2020
- Parties
- Applicant: Rashidi Kaseyu; Applicant: Selemani Kaseye; Applicant: Ayubu Amiri; Applicant: Mohamed Iddi; Respondent: Ally Sudi Masimba
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 September 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Extension of Time, Wrong Citation of Law, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rashidi Kaseyu
Applicant
Selemani Kaseye
Applicant
Ayubu Amiri
Applicant
Mohamed Iddi
Applicant
Ally Sudi Masimba
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether citing the wrong provision renders the application incompetent
- 2 Whether the overriding objective principle can cure procedural defects
Ratio Decidendi
Citing a general provision instead of the specific statutory provision governing appeals from the District Land and Housing Tribunal renders the application incompetent and cannot be cured by the overriding objective principle.
Court Disposition
application struck out
Orders
- Miscellaneous Land Application No.29 of 2019 is struck out.
- Respondent awarded costs.
Full Case Text
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