salim amour diwani vs the vice chancellor nelson mandela african institution of science technology another 2023 tzca 33 21 february 2023

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

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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

  1. 1 Whether it is proper to join a party who was not part of the original proceedings without leave of the court
  2. 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