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
Summary, issues, holding and outcome
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Parties
Aloyce Mselle
Applicant
The Consolidated Corp.
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to cite the correct enabling provision renders the application incompetent
- 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
Full Case Text
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