20090213 TZCA Dar es salaam

20090213 TZCA Dar es salaam

The application is incompetent because the applicant failed to cite and comply with the specific enabling provision (Rule 47), and the leave previously granted had lapsed and could not be revived or extended by a second application.

Citation
20090213 TZCA Dar es salaam
Parties
Applicant: Salima Hussein; Respondent: Hussein Ibrahim Sidiki and Sons
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 February 2009
Procedural Posture
Civil Application / Ruling on Application for Leave to Amend Notice of Motion and File Supplementary Affidavit
Outcome
Application struck out with costs to the respondent.
Legal Topics
Leave to Amend, Supplementary Affidavit, Court of Appeal Rules, Procedural Defects
Source Language
English
Civil Procedure Leave to Amend Supplementary Affidavit Court of Appeal Rules Procedural Defects

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Salima Hussein

Applicant

Hussein Ibrahim Sidiki and Sons

Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to Amend Notice of Motion and File Supplementary Affidavit

Legal Issues

  1. 1 Whether the applicant can be granted leave for the second time to amend the Notice of Motion and file a supplementary affidavit after failing to act on previous leave granted by the Court
  2. 2 Whether the application is defective for failure to cite the enabling provision

Ratio Decidendi

The application is incompetent because the applicant failed to cite and comply with the specific enabling provision (Rule 47), and the leave previously granted had lapsed and could not be revived or extended by a second application.

Court Disposition

Application struck out with costs to the respondent.

Orders

  • The application is struck out with costs to the respondent.