20160414 TZCA Mbeya

20160414 TZCA Mbeya

The Notice of Motion is incompetent for failure to correctly identify the judicial officer in accordance with Form A, rendering the application incurably defective and subject to being struck out.

Citation
20160414 TZCA Mbeya
Parties
Applicant: Festo Sudi; Respondent: Ihombe Village Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 April 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Preliminary Objection, Notice of Motion Requirements, Affidavit Admissibility
Source Language
English
Civil Procedure Extension of Time Preliminary Objection Notice of Motion Requirements Affidavit Admissibility

Case Brief

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Parties

Festo Sudi

Applicant

Ihombe Village Council

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

  1. 1 Whether failure to cite Rule 60(1) of the Court of Appeal Rules, 2009 renders the application incompetent
  2. 2 Whether the Notice of Motion substantially complies with Form A as required by Rule 48(2)
  3. 3 Whether the supporting affidavit contains inadmissible hearsay evidence

Ratio Decidendi

The Notice of Motion is incompetent for failure to correctly identify the judicial officer in accordance with Form A, rendering the application incurably defective and subject to being struck out.

Court Disposition

Application struck out with costs

Orders

  • The Notice of Motion is struck out with costs