20170217 TZCA Dar es Salaam

20170217 TZCA Dar es Salaam

Service of the notice of motion outside the prescribed 14-day period under Rule 66(4) is a fatal procedural defect, rendering the application incompetent and liable to be struck out, regardless of arguments for substantive justice under Rule 2.

Citation
20170217 TZCA Dar es Salaam
Parties
Applicant: Enerico Kakala; Respondent: Mohamed Mussa (Administrator of estate of the late Ahmed Zahoro Ahmed)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 February 2017
Procedural Posture
Civil Application for Review / Preliminary Objection Ruling
Outcome
Application struck out with costs
Legal Topics
Service of Process, Time Limits, Preliminary Objections, Court of Appeal Rules
Source Language
English
Civil Procedure Service of Process Time Limits Preliminary Objections Court of Appeal Rules

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Parties

Enerico Kakala

Applicant

Mohamed Mussa (Administrator of estate of the late Ahmed Zahoro Ahmed)

Respondent

Procedural Posture

Civil Application for Review / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether failure to serve the notice of motion within the prescribed 14 days under Rule 66(4) of the Tanzania Court of Appeal Rules, 2009 renders the application incompetent
  2. 2 Whether failure to attach copies of the law or decision relied upon to a notice of preliminary objection is fatal

Ratio Decidendi

Service of the notice of motion outside the prescribed 14-day period under Rule 66(4) is a fatal procedural defect, rendering the application incompetent and liable to be struck out, regardless of arguments for substantive justice under Rule 2.

Court Disposition

Application struck out with costs

Orders

  • The preliminary objection is sustained
  • The application is struck out with costs