20160930 TZCA Arusha

20160930 TZCA Arusha

The application is incompetent and must be struck out because neither the notice of motion nor the supporting affidavit stated the grounds for the relief sought, a mandatory requirement under Rule 48(1) of the Court of Appeal Rules.

Citation
20160930 TZCA Arusha
Parties
Applicant: Ayubu Bendera and 10 Others; Respondent: A.I.C.C. Arusha
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Preliminary Objection, Notice of Motion Requirements, Affidavit Requirements
Source Language
English
Civil Procedure Labour Law Extension of Time Preliminary Objection Notice of Motion Requirements Affidavit Requirements

Case Brief

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Parties

Ayubu Bendera and 10 Others

Applicant

A.I.C.C. Arusha

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent in light of alleged procedural defects
  2. 2 Whether failure to state grounds for relief in the notice of motion or affidavit renders the application incompetent

Ratio Decidendi

The application is incompetent and must be struck out because neither the notice of motion nor the supporting affidavit stated the grounds for the relief sought, a mandatory requirement under Rule 48(1) of the Court of Appeal Rules.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out