rev dr getruda rwakatare another vs zithay kabuga 2018 tzca 292 11 october 2018

rev dr getruda rwakatare another vs zithay kabuga 2018 tzca 292 11 october 2018

The application was procedurally defective due to duplicity, as it improperly combined prayers for extension of time to file notice of appeal and for leave to appeal. Such combination is misconceived and renders the application incompetent.

Citation
rev dr getruda rwakatare another vs zithay kabuga 2018 tzca 292 11 october 2018
Parties
Applicant: Rev. Dr. Getrude Rwakatare; Applicant: The Registered Trustees of Mikocheni Assemblies of God; Respondent: Zithay Kabuga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2018
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Outcome
Application struck out
Legal Topics
Extension of Time, Written Submissions, Duplicity of Applications, Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Extension of Time Written Submissions Duplicity of Applications Jurisdiction

Case Brief

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Parties

Rev. Dr. Getrude Rwakatare

Applicant

The Registered Trustees of Mikocheni Assemblies of God

Applicant

Zithay Kabuga

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Decision

Legal Issues

  1. 1 Whether the single Justice erred in refusing to waive the requirement for written submissions under Rule 106(19)
  2. 2 Whether the application before the single Justice was bad for duplicity (omnibus application)

Ratio Decidendi

The application was procedurally defective due to duplicity, as it improperly combined prayers for extension of time to file notice of appeal and for leave to appeal. Such combination is misconceived and renders the application incompetent.

Court Disposition

Application struck out

Orders

  • Application struck out for duplicity
  • No order as to costs