20041022 TZHC Dar es Salaam

20041022 TZHC Dar es Salaam

Failure to cite the enabling law under which the application is brought is a fatal defect that renders the application incompetent and incapable of being maintained.

Citation
20041022 TZHC Dar es Salaam
Parties
Applicant: Idd Semvua Msangi; Respondents: Sisty Leonard and Iyen Nsemwa as Liquidators of Tanzania Crown Corks Ltd.; Respondent: Erick Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2004
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs.
Legal Topics
Stay of Execution, Citation of Law in Applications, Preliminary Objection, Competence of Application
Source Language
English
Civil Procedure Stay of Execution Citation of Law in Applications Preliminary Objection Competence of Application

Case Brief

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Parties

Idd Semvua Msangi

Applicant

Sisty Leonard and Iyen Nsemwa as Liquidators of Tanzania Crown Corks Ltd.

Respondents

Erick Auction Mart

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to cite the enabling law renders the application incompetent
  2. 2 Whether the omission to cite the law can be cured at this stage

Ratio Decidendi

Failure to cite the enabling law under which the application is brought is a fatal defect that renders the application incompetent and incapable of being maintained.

Court Disposition

Application struck out with costs.

Orders

  • The preliminary objection is upheld.
  • The application is struck out with costs.