20170322 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 that renders the application incompetent and subject to being struck out, regardless of arguments for substantive justice under Rule 2.

Citation: 20170322 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: 22 March 2017
Procedural Posture: Civil Application for Review / Preliminary Objection Ruling
Outcome: Application struck out with costs
Legal Topics: Service of Process, Court of Appeal Rules, Preliminary Objection, Review Applications
Source Language: English

Civil Procedure Service of Process Court of Appeal Rules Preliminary Objection Review Applications

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

Ratio Decidendi

Court Disposition

Application struck out with costs

Orders

The application is struck out for incompetence due to non-compliance with Rule 66(4) of the Tanzania Court of Appeal Rules, 2009.
Costs awarded to the respondent.