19991110 TZCA Dar es Salaam
The application is incompetent because it failed to cite the provision of law relied upon to move the Court, as required by established practice and precedent.
- Citation
- 19991110 TZCA Dar es Salaam
- Parties
- Applicant: Almas Iddie Mwinyi; 1st Respondent: National Bank of Commerce; 2nd Respondent: Mrs. Ngene Mbita
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 November 1999
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection and Application for Stay of Execution
- Outcome
- Application struck out with costs
- Legal Topics
- Stay of Execution, Preliminary Objection, Notice of Motion, Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Almas Iddie Mwinyi
Applicant
National Bank of Commerce
1st Respondent
Mrs. Ngene Mbita
2nd Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Application for Stay of Execution
Legal Issues
- 1 Whether failure to cite the provision of law in a notice of motion renders the application incompetent
- 2 Whether the application for stay of execution has merit
Ratio Decidendi
The application is incompetent because it failed to cite the provision of law relied upon to move the Court, as required by established practice and precedent.
Court Disposition
Application struck out with costs
Orders
- The application is struck out as incompetent.
- Applicant to pay costs.
Full Case Text
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