shafiki ally vs marth samwel mpulule 2018 tzhclandd 363 22 june 2018

shafiki ally vs marth samwel mpulule 2018 tzhclandd 363 22 june 2018

The application was incompetent due to failure to cite the relevant provision of law, specifically Section 41(2) of Cap. 216, and thus must be struck out with costs.

Citation
shafiki ally vs marth samwel mpulule 2018 tzhclandd 363 22 june 2018
Parties
Applicant: Shafiki Ally; Respondent: Marth Samwel Mpulule
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 June 2018
Procedural Posture
Land Appeal / Ruling on Preliminary Objections to Application for Extension of Time
Outcome
application struck out with costs
Legal Topics
Extension of Time, Preliminary Objection, Jurat Defect, Verification Defect, Wrong Citation of Law
Source Language
English
Land Law Civil Procedure Extension of Time Preliminary Objection Jurat Defect Verification Defect Wrong Citation of Law

Case Brief

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Parties

Shafiki Ally

Applicant

Marth Samwel Mpulule

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objections to Application for Extension of Time

Legal Issues

  1. 1 Whether the application is incompetent for non-citation of relevant provision of law
  2. 2 Whether the affidavit is incurably defective for containing a defective jurat
  3. 3 Whether the application is incompetent for containing defective verification

Ratio Decidendi

The application was incompetent due to failure to cite the relevant provision of law, specifically Section 41(2) of Cap. 216, and thus must be struck out with costs.

Court Disposition

application struck out with costs

Orders

  • application struck out with costs