alex msama mwita vs emmanuel nasuzwa kitundu another 2022 tzca 649 20 october 2022

alex msama mwita vs emmanuel nasuzwa kitundu another 2022 tzca 649 20 october 2022

Non-compliance with the mandatory requirement to serve the notice of motion within 14 days from filing renders the application incompetent and liable to be struck out, and the overriding objective principle cannot cure such a defect.

Citation
alex msama mwita vs emmanuel nasuzwa kitundu another 2022 tzca 649 20 october 2022
Parties
Applicant: Alex Msama Mwita; 1st Respondent: Emmanuel Nasuzwa Kitundu; 2nd Respondent: WWWF Tanzania Program Office
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 October 2022
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Service of Process, Preliminary Objection, Revision Applications
Source Language
English
Civil Procedure Extension of Time Service of Process Preliminary Objection Revision Applications

Case Brief

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Parties

Alex Msama Mwita

Applicant

Emmanuel Nasuzwa Kitundu

1st Respondent

WWWF Tanzania Program Office

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Extension of Time

Legal Issues

  1. 1 Whether failure to serve notice of motion within 14 days renders the application incompetent
  2. 2 Whether the overriding objective principle can cure non-compliance with mandatory service requirements

Ratio Decidendi

Non-compliance with the mandatory requirement to serve the notice of motion within 14 days from filing renders the application incompetent and liable to be struck out, and the overriding objective principle cannot cure such a defect.

Court Disposition

Application struck out with costs

Orders

  • The preliminary objection is upheld.
  • The application is struck out with costs.