20060503 TZCA Dar es Salaam

20060503 TZCA Dar es Salaam

Failure to annex the order sought to be stayed renders the application incompetent, as the practice of the Court requiring such annexure has acquired the force of law.

Source-derived case information.

Citation
20060503 TZCA Dar es Salaam
Parties
Applicant: Commissioner General, Tanzania Revenue Authority; Respondent: Parastatal Pensions Fund
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 May 2006
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
Application struck out as incompetent with costs
Legal Topics
Stay of Execution, Preliminary Objection, Practice and Procedure
Source Language
english
Civil Procedure Tax Law Stay of Execution Preliminary Objection Practice and Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Commissioner General, Tanzania Revenue Authority

Applicant

Parastatal Pensions Fund

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is incompetent for failure to annex the order sought to be stayed
  2. 2 Whether the application is time-barred

Ratio Decidendi

Failure to annex the order sought to be stayed renders the application incompetent, as the practice of the Court requiring such annexure has acquired the force of law.

Court Disposition

Application struck out as incompetent with costs

Orders

  • Application struck out
  • Applicant to pay costs