20060118 TZHC Dar es Salaam

20060118 TZHC Dar es Salaam

The application was filed outside the prescribed fourteen-day limitation period and failed to cite the specific enabling provision, rendering it incompetent and improperly before the court.

Citation
20060118 TZHC Dar es Salaam
Parties
Applicant: NBC Limited; Respondent: Kalunga & Company Advocates
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 January 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Leave to Appeal
Outcome
Application struck out as incompetent and filed out of time.
Legal Topics
Leave to Appeal, Limitation Periods, Proper Citation of Enabling Provisions
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Limitation Periods Proper Citation of Enabling Provisions

Case Brief

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Parties

NBC Limited

Applicant

Kalunga & Company Advocates

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed limitation period
  2. 2 Whether failure to cite the specific enabling provision renders the application incompetent

Ratio Decidendi

The application was filed outside the prescribed fourteen-day limitation period and failed to cite the specific enabling provision, rendering it incompetent and improperly before the court.

Court Disposition

Application struck out as incompetent and filed out of time.

Orders

  • Application struck out.