Notbruga Maskini versus Local Authorities Pension Fund

Notbruga  Maskini vs. Local Authorities Pension Fund; Revision No. 20 of 2013: High Court of Tanzania (Labour Division) at Dodoma (Unreported).

  • Civil Procedure
  • Withdrawal of application – Whether an incompetent application can be withdrawn.
  • Extension of time: Whether a Registrar may issue an order for extension of time under the CPC.

Held:-

(i)  An incompetent application is a non-existent application in the eyes of the law and, therefore, it cannot be withdrawn except to be struck out.

(ii)  A Registrar cannot extend time under the CPC as application for extension of time involves the hearing of parties on merits an in Court proceedings in which the Registrar has no powers.

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