ak transport coltd vs ramadhan shama zemu daud 2022 tzhcld 962 5 october 2022
The application was struck out because the notice of application was unsigned, violating mandatory procedural rules, and the supporting affidavit was defective.
- Citation
- ak transport coltd vs ramadhan shama zemu daud 2022 tzhcld 962 5 october 2022
- Parties
- Applicant: A.K. Transport Co. Limited; 1st Respondent: Ramadhani Shama; 2nd Respondent: Zemu Daudi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Extension of Time, Affidavit Defects, Notice of Application, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
A.K. Transport Co. Limited
Applicant
Ramadhani Shama
1st Respondent
Zemu Daudi
2nd Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the unsigned notice of application renders the application incompetent
- 2 Whether a defective affidavit invalidates the application
Ratio Decidendi
The application was struck out because the notice of application was unsigned, violating mandatory procedural rules, and the supporting affidavit was defective.
Court Disposition
application struck out
Orders
- The application is struck out.
Full Case Text
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