salim amour diwani vs the vice chancellor nelson mandela african institution of science technology another 2023 tzca 33 21 february 2023
The application is incompetent because the second respondent was improperly joined without leave of the court, contrary to established principles that parties must remain consistent throughout proceedings unless leave is granted.
- Citation
- salim amour diwani vs the vice chancellor nelson mandela african institution of science technology another 2023 tzca 33 21 february 2023
- Parties
- Applicant: Salim Amour Diwani; 1st Respondent: The Vice Chancellor Nelson Mandela African Institution of Science and Technology; 2nd Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 February 2023
- Procedural Posture
- Civil Application / Application for Extension of Time to File Revision
- Outcome
- Application struck out as incompetent
- Legal Topics
- Joinder of Parties, Extension of Time, Revision Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Salim Amour Diwani
Applicant
The Vice Chancellor Nelson Mandela African Institution of Science and Technology
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Revision
Legal Issues
- 1 Whether it is proper to join a party who was not part of the original proceedings without leave of the court
- 2 Whether the application for extension of time is competent given the improper joinder
Ratio Decidendi
The application is incompetent because the second respondent was improperly joined without leave of the court, contrary to established principles that parties must remain consistent throughout proceedings unless leave is granted.
Court Disposition
Application struck out as incompetent
Full Case Text
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