lusia kilian vs anatholi shaaban hombwe 2022 tzhclandd 708 29 july 2022

lusia kilian vs anatholi shaaban hombwe 2022 tzhclandd 708 29 july 2022

The application was brought under the wrong legal provisions, and since there is a specific statutory provision for extension of time in land matters, the court was not properly moved; this defect is not curable by the overriding objective principle.

Citation
lusia kilian vs anatholi shaaban hombwe 2022 tzhclandd 708 29 july 2022
Parties
Applicant: Wnmuma Ally Amri; 1st Respondent: Hassan Ally Omari; 2nd Respondent: Gasto Akusyusi Luyanji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 July 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Competence of Application
Outcome
Application struck out as incompetent without costs.
Legal Topics
Extension of Time, Jurisdiction, Proper Citation of Law, Land Appeals
Source Language
English
Civil Procedure Land Law Extension of Time Jurisdiction Proper Citation of Law Land Appeals

Case Brief

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Parties

Wnmuma Ally Amri

Applicant

Hassan Ally Omari

1st Respondent

Gasto Akusyusi Luyanji

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether citing the wrong legal provision renders the application incompetent
  2. 2 Whether the defect of wrong citation can be cured by the overriding objective principle

Ratio Decidendi

The application was brought under the wrong legal provisions, and since there is a specific statutory provision for extension of time in land matters, the court was not properly moved; this defect is not curable by the overriding objective principle.

Court Disposition

Application struck out as incompetent without costs.

Orders

  • Application struck out without costs.