lalibibi pirmohamed vs t postal bank 5 athers 2011 tzhccomd 2017 5 august 2011

lalibibi pirmohamed vs t postal bank 5 athers 2011 tzhccomd 2017 5 august 2011

The application is incompetent for failure to cite the correct provision of law for restoration of the dismissed application; combining prayers is not fatal, but proper citation is mandatory.

Citation
lalibibi pirmohamed vs t postal bank 5 athers 2011 tzhccomd 2017 5 august 2011
Parties
Applicant/objector: Lalibibi Pirmohamed; 1st Respondent: Tanzania Postal Bank; 2nd Respondent: D.N. Bahram and Co. Ltd; 3rd Respondent: Dadrahman Nurmohamed Bahram; 4th Respondent: Merbibi Dadrahman Baharam; 5th Respondent: Mathew Thomas Mbata; 6th Respondent: Joseph Simbilingunga Mwachullah
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 August 2011
Procedural Posture
Application / Ruling on Application to Stay Execution and Restore Dismissed Objection Proceedings
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Restoration of Dismissed Application, Citation of Law, Omnibus Applications
Source Language
English
Civil Procedure Stay of Execution Restoration of Dismissed Application Citation of Law Omnibus Applications

Case Brief

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Parties

Lalibibi Pirmohamed

Applicant/objector

Tanzania Postal Bank

1st Respondent

D.N. Bahram and Co. Ltd

2nd Respondent

Dadrahman Nurmohamed Bahram

3rd Respondent

Merbibi Dadrahman Baharam

4th Respondent

Mathew Thomas Mbata

5th Respondent

Joseph Simbilingunga Mwachullah

6th Respondent

Procedural Posture

Application / Ruling on Application to Stay Execution and Restore Dismissed Objection Proceedings

Legal Issues

  1. 1 Whether combining prayers for stay of execution and restoration of dismissed application renders the application incompetent
  2. 2 Whether failure to cite the correct legal provision for restoration is fatal to the application

Ratio Decidendi

The application is incompetent for failure to cite the correct provision of law for restoration of the dismissed application; combining prayers is not fatal, but proper citation is mandatory.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs