tom morio vs athuman hassan administrator of the estate of the late hassan mohamed siara others 2018 tzhc 2585 23 october 2018

tom morio vs athuman hassan administrator of the estate of the late hassan mohamed siara others 2018 tzhc 2585 23 october 2018

The application was struck out because the applicant cited the wrong enabling provision of law in the chamber summons, rendering the application incompetent and depriving the court of jurisdiction to entertain it.

Citation
tom morio vs athuman hassan administrator of the estate of the late hassan mohamed siara others 2018 tzhc 2585 23 october 2018
Parties
Applicant: Tom M Orio; 1st Respondent: Athuman Hassan (Suing as an administrator of the estate of the Late Hassan Mohamed Siara); 2nd Respondent: Wilfred Justine Mollel; 3rd Respondent: Azania Bank Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Wrong Citation of Law
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Jurisdiction Wrong Citation of Law

Case Brief

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Parties

Tom M Orio

Applicant

Athuman Hassan (Suing as an administrator of the estate of the Late Hassan Mohamed Siara)

1st Respondent

Wilfred Justine Mollel

2nd Respondent

Azania Bank Limited

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the application for extension of time was properly before the court due to correct citation of enabling law
  2. 2 Whether the High Court has jurisdiction to grant extension of time under the cited provisions

Ratio Decidendi

The application was struck out because the applicant cited the wrong enabling provision of law in the chamber summons, rendering the application incompetent and depriving the court of jurisdiction to entertain it.

Court Disposition

Application struck out with costs

Orders

  • The whole application is struck out with costs