20140227 TZCA Arusha

20140227 TZCA Arusha

The application is incompetent due to a defective affidavit and is struck out. Given the applicant's repeated disregard for court orders, the principle that costs follow the event applies and costs are awarded to the respondent.

Citation
20140227 TZCA Arusha
Parties
Applicant: Sadi Ibrahim; Respondent: Melembuki Kitasho
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 2014
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Defective Affidavit, Costs, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Defective Affidavit Costs Preliminary Objection

Case Brief

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Parties

Sadi Ibrahim

Applicant

Melembuki Kitasho

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective due to a defect in the jurat
  2. 2 Whether the application should be struck out for incompetence
  3. 3 Whether the applicant should be spared costs

Ratio Decidendi

The application is incompetent due to a defective affidavit and is struck out. Given the applicant's repeated disregard for court orders, the principle that costs follow the event applies and costs are awarded to the respondent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Applicant to pay costs to the respondent