wilson so simon vs abogast so kibobela 2022 tzca 839 16 june 2022

wilson so simon vs abogast so kibobela 2022 tzca 839 16 june 2022

The application was struck out as incompetent due to the applicant's failure to comply with the mandatory requirement to serve the notice of motion and supporting documents within 14 days as stipulated by rule 55(1) of the Tanzania Court of Appeal Rules, 2009.

Citation
wilson so simon vs abogast so kibobela 2022 tzca 839 16 june 2022
Parties
Applicant: Wilson s/o Simon; Respondent: Abogast s/o Kibobela
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application struck out with costs
Legal Topics
Extension of Time, Service of Process, Court Rules Compliance
Source Language
English
Civil Procedure Extension of Time Service of Process Court Rules Compliance

Case Brief

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Parties

Wilson s/o Simon

Applicant

Abogast s/o Kibobela

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent given non-compliance with mandatory service requirements under rule 55(1) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The application was struck out as incompetent due to the applicant's failure to comply with the mandatory requirement to serve the notice of motion and supporting documents within 14 days as stipulated by rule 55(1) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

application struck out with costs

Orders

  • Application struck out with costs