20091028 TZCA Tabora
Failure to state the grounds for the application in the Notice of Motion is a fatal omission that renders the application incompetent and incurably defective.
- Citation
- 20091028 TZCA Tabora
- Parties
- Applicant: Leticia Benedicto Choma; Respondent: Tamasha Benedicto Choma; Respondent: John Philips Salubobo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2009
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection Regarding Competence of Notice of Motion
- Outcome
- Application struck out as incompetent with costs.
- Legal Topics
- Extension of Time, Notice of Motion Requirements, Preliminary Objection, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Leticia Benedicto Choma
Applicant
Tamasha Benedicto Choma
Respondent
John Philips Salubobo
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Competence of Notice of Motion
Legal Issues
- 1 Whether failure to state grounds in the Notice of Motion renders the application incompetent
- 2 Whether grounds for application can be contained in the affidavit instead of the Notice of Motion
Ratio Decidendi
Failure to state the grounds for the application in the Notice of Motion is a fatal omission that renders the application incompetent and incurably defective.
Court Disposition
Application struck out as incompetent with costs.
Orders
- Notice of Motion struck out with costs.
Full Case Text
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