20071031 TZHC Moshi

20071031 TZHC Moshi

Failure to cite the correct enabling provision, specifically Section 11(1) of the Appellate Jurisdiction Act, 1979, renders the application incompetent and improperly before the court.

Citation
20071031 TZHC Moshi
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 Provisions, Preliminary Objection
Source Language
English

Case Brief

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Parties

Aloyce Mselle

Applicant

The Consolidated Corp.

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

  1. 1 Whether failure to cite the correct enabling provision renders the application incompetent
  2. 2 Whether the application is properly before the court

Ratio Decidendi

Failure to cite the correct enabling provision, specifically Section 11(1) of the Appellate Jurisdiction Act, 1979, renders the application incompetent and improperly before the court.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs