20090519 TZHC Dar es Salaam

20090519 TZHC Dar es Salaam

The application was struck out because it was brought under a provision (Order XXXVI rule 2 of the Civil Procedure Code) that does not apply to the Court of Appeal, rendering the application incompetent.

Citation
20090519 TZHC Dar es Salaam
Parties
Applicant: Sixbert Njenga; Respondent: Malik Amri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 May 2009
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Jurisdiction, Defective Pleadings, Application Procedure
Source Language
English
Civil Procedure Jurisdiction Defective Pleadings Application Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Sixbert Njenga

Applicant

Malik Amri

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was properly before the Court of Appeal under the cited provision
  2. 2 Whether the application was incurably defective for being grounded on the wrong provision of law

Ratio Decidendi

The application was struck out because it was brought under a provision (Order XXXVI rule 2 of the Civil Procedure Code) that does not apply to the Court of Appeal, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Chamber application struck out with costs