aloyce mselle vs consolidated corp 2007 tzhc 444 31 october 2007

aloyce mselle vs consolidated corp 2007 tzhc 444 31 october 2007

Failure to cite the specific sub-section (Section 11(1)) of the Appellate Jurisdiction Act, 1979, which empowers the court to grant extension of time, amounts to non-citation of the enabling provision and renders the application incompetent and improperly before the court.

Citation
aloyce mselle vs consolidated corp 2007 tzhc 444 31 october 2007
Parties
Applicant: Aloyce Mselle; Respondent: The Consolidated Corp.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Citation of Enabling Provision, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Citation of Enabling Provision Preliminary Objection

Case Brief

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Parties

Aloyce Mselle

Applicant

The Consolidated Corp.

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to cite the correct sub-section of the enabling provision renders the application incompetent

Ratio Decidendi

Failure to cite the specific sub-section (Section 11(1)) of the Appellate Jurisdiction Act, 1979, which empowers the court to grant extension of time, amounts to non-citation of the enabling provision and renders the application incompetent and improperly before the court.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.