juma marumbo others vs regional commissioner dar es salaam region others 2016 tzca 2045 8 november 2016

juma marumbo others vs regional commissioner dar es salaam region others 2016 tzca 2045 8 november 2016

The failure to disclose the identities of all applicants apart from Juma Marumbo renders the application incompetent and not properly before the court.

Source-derived case information.

Citation
juma marumbo others vs regional commissioner dar es salaam region others 2016 tzca 2045 8 november 2016
Parties
Applicants: Juma Marumbo and 42 Others; Respondent: Regional Commissioner, Dar es Salaam Region; Respondent: District Executive Director, Ilala Municipal Council; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 November 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Stay of Execution
Outcome
Application struck out
Legal Topics
Extension of Time, Stay of Execution, Disclosure of Parties, Competence of Application
Source Language
english
Civil Procedure Extension of Time Stay of Execution Disclosure of Parties Competence of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Juma Marumbo and 42 Others

Applicants

Regional Commissioner, Dar es Salaam Region

Respondent

District Executive Director, Ilala Municipal Council

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Stay of Execution

Legal Issues

  1. 1 Whether failure to disclose all applicants renders the application incompetent
  2. 2 Whether the application for extension of time is properly before the court

Ratio Decidendi

The failure to disclose the identities of all applicants apart from Juma Marumbo renders the application incompetent and not properly before the court.

Court Disposition

Application struck out

Orders

  • Application is struck out for incompetence due to non-disclosure of all applicants.
  • Each party to bear its own costs.