20120918 TZCA Arusha

The application was incompetent for failure to cite the correct enabling provision (Rule 45 instead of Rule 48) and was accordingly struck out with costs.

Citation: 20120918 TZCA Arusha
Parties: Applicant: Bahati Kundaeli Kessy; Respondent: Pastor Incharge Tanzania Assemblies of God
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 September 2012
Procedural Posture: Civil Application / Ruling on Preliminary Objection Regarding Application for Leave to Appeal
Outcome: Application struck out as incompetent with costs.
Legal Topics: Leave to Appeal, Jurisdiction, Preliminary Objection, Appellate Procedure
Source Language: English

Civil Procedure Leave to Appeal Jurisdiction Preliminary Objection Appellate Procedure

Case Brief

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Parties

Bahati Kundaeli Kessy

Applicant

Pastor Incharge Tanzania Assemblies of God

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Application for Leave to Appeal

Legal Issues

1 Whether the application for leave to appeal was brought under the correct enabling provision of law
2 Whether failure to cite the correct provision renders the application incompetent
3 Whether a certificate on a point of law was required for a third appeal from a primary court

Ratio Decidendi

The application was incompetent for failure to cite the correct enabling provision (Rule 45 instead of Rule 48) and was accordingly struck out with costs.

Court Disposition

Application struck out as incompetent with costs.

Orders

The application is struck out with costs.