20150817 TZCA Mbeya 1

20150817 TZCA Mbeya 1

Failure to attach the drawn order to the Notice of Motion renders the application incompetent and necessitates striking out the application.

Citation
20150817 TZCA Mbeya 1
Parties
Applicant: Panone & Co. Limited; Respondent: Robert Mngowole; Respondent: Second Respondent
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2015
Procedural Posture
Civil Application / Application for Stay of Execution Before Court of Appeal
Outcome
Application struck out as incompetent
Legal Topics
Stay of Execution, Procedural Requirements, Attachment of Drawn Order
Source Language
English
Civil Procedure Stay of Execution Procedural Requirements Attachment of Drawn Order

Case Brief

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Parties

Panone & Co. Limited

Applicant

Robert Mngowole

Respondent

Second Respondent

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Before Court of Appeal

Legal Issues

  1. 1 Whether failure to attach a copy of the drawn order renders the application for stay of execution incompetent

Ratio Decidendi

Failure to attach the drawn order to the Notice of Motion renders the application incompetent and necessitates striking out the application.

Court Disposition

Application struck out as incompetent

Orders

  • No order as to costs