attorney general vs mkongo building civil works contractors ltd another 2019 tzca 229 10 july 2019

attorney general vs mkongo building civil works contractors ltd another 2019 tzca 229 10 july 2019

Failure to serve respondents with notice of motion and supporting affidavit contravenes Rule 55(1) and renders the application incompetent; informal application for extension of time cannot be entertained without proper procedure and supporting affidavit.

Citation
attorney general vs mkongo building civil works contractors ltd another 2019 tzca 229 10 july 2019
Parties
Applicant: Attorney General; 1st Respondent: Mkongo Building and Civil Works Contractors Ltd; 2nd Respondent: Namtumbo District Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 July 2019
Procedural Posture
Civil Application / Application for Extension of Time to Apply for Revision
Outcome
application struck out as incompetent with costs
Legal Topics
Extension of Time, Service of Process, Revision, Application Procedure
Source Language
English
Civil Procedure Extension of Time Service of Process Revision Application Procedure

Case Brief

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Parties

Attorney General

Applicant

Mkongo Building and Civil Works Contractors Ltd

1st Respondent

Namtumbo District Council

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Apply for Revision

Legal Issues

  1. 1 Whether failure to serve notice of motion and supporting affidavit renders the application incompetent
  2. 2 Whether informal application for extension of time can be made under Rule 48(3) and Rule 10 of the Tanzania Court of Appeal Rules

Ratio Decidendi

Failure to serve respondents with notice of motion and supporting affidavit contravenes Rule 55(1) and renders the application incompetent; informal application for extension of time cannot be entertained without proper procedure and supporting affidavit.

Court Disposition

application struck out as incompetent with costs

Orders

  • application struck out
  • costs awarded to respondents