20150930 TZHC Arusha
The application is incompetent and 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
- 20150930 TZHC Arusha
- Parties
- Applicant: Ayubu Bendera and 10 Others; Respondent: A.I.C.C. Arusha
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2015
- 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
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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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 Whether the application is incompetent for failure to state grounds for relief in the notice of motion or affidavit
- 2 Whether failure to serve documents or file written submissions is a pure point of law for preliminary objection
Ratio Decidendi
The application is incompetent and 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 is struck out for failure to state grounds for relief in the notice of motion or affidavit.
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