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The High Court at Moshi struck out an application for extension of time after upholding a preliminary objection that it cited the wrong legal provision.
The application was filed beyond the prescribed time limit as the payment control number was issued on 31st May, 2024, making the application time-barred and subject to dismissal.
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The preliminary objection is overruled because non-citation or wrong citation of law is not fatal under the overriding principle, and the High Court has inherent jurisdiction to entertain the application for stay of execution in the absence of specific statutory provision.
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The application is not fatally defective for wrong citation of law as the overriding objective principle applies, and the High Court has inherent jurisdiction to entertain the application in the absence of specific statutory provision.
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The High Court struck out an application to extend time for filing a land appeal, holding that it was moved under the wrong provisions and was therefore incompetent.
Omission to cite the specific subsection of the enabling provision is not fatal and can be cured under the overriding objective, as it did not occasion a miscarriage of justice; the preliminary objection is overruled and the application is allowed to proceed on merits.
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The court is vested with power under section 372 of the CPA to revise decisions from the District Court; wrong citation of enabling provision is not fatal if the court has jurisdiction; the preliminary objection lacks merit.
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The application is not incompetent for wrong citation of law as the court has jurisdiction and the orders sought are clear; the advocate had authority to swear the affidavit on behalf of the applicant; although the affidavit failed to disclose the source of information for certain facts, expunging the defective paragraph leaves the remainder sufficient to support the application.
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The applicant demonstrated sufficient cause for delay due to illness, supported by medical evidence, and acted diligently after recovery. The wrong citation of law was not fatal as the court had jurisdiction and the parties understood the application.
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The application was brought under wholly inapplicable provisions (section 14 of Law of Limitation Act and Rule 24 of Labour Court Rules) instead of the correct enabling provision (Rule 56 of Labour Court Rules). Wrong citation of law is not a mere technicality but goes to the root of the matter and renders the application incompetent. The preliminary objection, though raised by letter, must be considered as it touches on jurisdiction.
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