20070713 TZCA Tanga

Failure to serve the respondent with a copy of the notice of motion as mandated by Rule 52(1) is a fatal defect, justifying the striking out of the application.

Citation: 20070713 TZCA Tanga
Parties: Applicant: Applicant (Name not specified); Respondent: (Respondent) Corporation (Name not specified)
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 July 2007
Procedural Posture: Civil Reference / Reference From Single Judge Decision on Preliminary Objection
Outcome: Reference dismissed
Legal Topics: Extension of Time, Service of Notice of Motion, Preliminary Objection
Source Language: English

Civil Procedure Extension of Time Service of Notice of Motion Preliminary Objection

Case Brief

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Parties

Applicant (Name not specified)

Applicant

(Respondent) Corporation (Name not specified)

Respondent

Procedural Posture

Civil Reference / Reference From Single Judge Decision on Preliminary Objection

Legal Issues

1 Whether failure to serve the respondent with a copy of the notice of motion as required by Rule 52(1) is fatal to the application for extension of time

Ratio Decidendi

Failure to serve the respondent with a copy of the notice of motion as mandated by Rule 52(1) is a fatal defect, justifying the striking out of the application.

Court Disposition

Reference dismissed

Orders

No order as to costs