rogati tisa vs emmy j ogong 2018 tzhclandd 470 27 august 2018

rogati tisa vs emmy j ogong 2018 tzhclandd 470 27 august 2018

The application was struck out as incompetent because it was brought under the wrong legal provision (Section 11(1) of the Appellate Jurisdiction Act) instead of the applicable Section 38(1) of the Land Disputes Courts Act for land matters.

Citation
rogati tisa vs emmy j ogong 2018 tzhclandd 470 27 august 2018
Parties
Applicant: Rogati Tisa; Respondent: Emmy J. Ogong
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Competence of Application
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Wrong Citation of Law, Jurisdiction, Striking Out Incompetent Applications
Source Language
English
Land Law Civil Procedure Extension of Time Wrong Citation of Law Jurisdiction Striking Out Incompetent Applications

Case Brief

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Parties

Rogati Tisa

Applicant

Emmy J. Ogong

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

  1. 1 Whether the application for extension of time was properly before the court due to citation of the correct legal provision

Ratio Decidendi

The application was struck out as incompetent because it was brought under the wrong legal provision (Section 11(1) of the Appellate Jurisdiction Act) instead of the applicable Section 38(1) of the Land Disputes Courts Act for land matters.

Court Disposition

Application struck out as incompetent

Orders

  • Misc. Land Application No. 987 of 2016 is struck out
  • No order as to costs