silverius komba vs leonard nkana 2020 tzhclandd 171 17 august 2020

silverius komba vs leonard nkana 2020 tzhclandd 171 17 august 2020

The application was struck out because it was brought under the wrong provision of law (section 41(2) instead of section 38(1) of the Land Disputes Courts Act, 2002), rendering it incompetent before the court.

Source-derived case information.

Citation
silverius komba vs leonard nkana 2020 tzhclandd 171 17 august 2020
Parties
Applicant: Silve Rius Komba; Respondent: Leonard Nkana
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application struck out
Legal Topics
Extension of Time, Jurisdiction, Wrong Citation of Law, Appellate Procedure
Source Language
english
Land Law Civil Procedure Extension of Time Jurisdiction Wrong Citation of Law Appellate Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Silve Rius Komba

Applicant

Leonard Nkana

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time was properly before the court due to correct citation of enabling provision
  2. 2 Whether technical delay and alleged illegality constitute sufficient grounds for extension of time

Ratio Decidendi

The application was struck out because it was brought under the wrong provision of law (section 41(2) instead of section 38(1) of the Land Disputes Courts Act, 2002), rendering it incompetent before the court.

Court Disposition

Application struck out

Orders

  • Application struck out for being incompetent due to wrong citation of enabling provision of law
  • No order as to costs