william kipe vs specioza majura 2023 tzhc 23231 11 december 2023

william kipe vs specioza majura 2023 tzhc 23231 11 december 2023

The application is incompetent as it combines two prayers governed by different legal provisions (leave to appeal and certificate on point of law), which cannot be properly combined in one application; further, failure to cite enabling provisions renders the application incompetent.

Citation
william kipe vs specioza majura 2023 tzhc 23231 11 december 2023
Parties
Applicant: William Kipe; Respondent: Specioza Majura
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Competence of Application
Outcome
Application struck out with costs
Legal Topics
Omnibus Applications, Leave to Appeal, Certificate on Point of Law, Procedural Competence
Source Language
English
Civil Procedure Land Law Omnibus Applications Leave to Appeal Certificate on Point of Law Procedural Competence

Case Brief

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Parties

William Kipe

Applicant

Specioza Majura

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

  1. 1 Whether combining prayers for leave to appeal and certificate on point of law in one application is competent
  2. 2 Whether failure to cite enabling provisions renders the application incompetent

Ratio Decidendi

The application is incompetent as it combines two prayers governed by different legal provisions (leave to appeal and certificate on point of law), which cannot be properly combined in one application; further, failure to cite enabling provisions renders the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for being omnibus and incompetent.
  • Applicant to pay costs.