consolidated holding corporation vs jit finance limited others 2004 tzca 26 14 december 200

consolidated holding corporation vs jit finance limited others 2004 tzca 26 14 december 200

The application was incompetent because it was not accompanied by the extracted decree, and there were no exceptional circumstances to justify dispensing with this requirement or allowing a supplementary filing.

Citation
consolidated holding corporation vs jit finance limited others 2004 tzca 26 14 december 200
Parties
Applicant: Consolidated Holding Corporation; 1st Respondent: JIT Finance Limited; 2nd Respondent: The Registered Trustees of Tanganyika National Parks; 3rd Respondent: Joseph Laizer
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2004
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Application for Stay of Execution
Outcome
Application struck out as incompetent with costs.
Legal Topics
Stay of Execution, Preliminary Objection, Annexing Decree to Application
Source Language
English
Civil Procedure Stay of Execution Preliminary Objection Annexing Decree to Application

Case Brief

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Parties

Consolidated Holding Corporation

Applicant

JIT Finance Limited

1st Respondent

The Registered Trustees of Tanganyika National Parks

2nd Respondent

Joseph Laizer

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether failure to annex a copy of the decree to the Notice of Motion renders the application for stay of execution incompetent

Ratio Decidendi

The application was incompetent because it was not accompanied by the extracted decree, and there were no exceptional circumstances to justify dispensing with this requirement or allowing a supplementary filing.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • The application is struck out with costs.