seif rashid seif vs mariam joseph sowera 2023 tzhc 19900 2 august 2023
The application was struck out because it was brought under the wrong legal provision, and the oxygen principle cannot be used to circumvent mandatory legal requirements when an applicable written law exists.
- Citation
- seif rashid seif vs mariam joseph sowera 2023 tzhc 19900 2 august 2023
- Parties
- Applicant: Seif Rashid Seif; Respondent: Mariam Joseph Sowera
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 August 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- application struck out with costs
- Legal Topics
- Wrong Citation of Law, Preliminary Objection, Appeals From Primary Court
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Seif Rashid Seif
Applicant
Mariam Joseph Sowera
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application was properly before the court given the cited legal provisions
- 2 Whether the oxygen principle can be invoked to cure the defect of wrong citation
Ratio Decidendi
The application was struck out because it was brought under the wrong legal provision, and the oxygen principle cannot be used to circumvent mandatory legal requirements when an applicable written law exists.
Court Disposition
application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment