20081125 TZCA Dar es Salaam

20081125 TZCA Dar es Salaam

Non-service of the application documents on the 2nd and 3rd respondents within the prescribed period rendered the application incompetent as against them, necessitating striking out with costs.

Citation
20081125 TZCA Dar es Salaam
Parties
Applicant: D.P. and Company Ltd; 1st Respondent: The Registered Trustees of IOGT Tanzania; 2nd Respondent: Shimir Rajani; 3rd Respondent: Rajani Industries Limited; 4th Respondent: National Housing Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 November 2008
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
application struck out as against 2nd and 3rd respondents with costs; to proceed against 1st and 4th respondents
Legal Topics
Service of Process, Competency of Application, Striking Out Applications
Source Language
English
Civil Procedure Service of Process Competency of Application Striking Out Applications

Case Brief

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Parties

D.P. and Company Ltd

Applicant

The Registered Trustees of IOGT Tanzania

1st Respondent

Shimir Rajani

2nd Respondent

Rajani Industries Limited

3rd Respondent

National Housing Corporation

4th Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve the notice of motion and affidavits on the 2nd and 3rd respondents renders the application incompetent
  2. 2 Whether the application should be struck out for non-compliance with Rule 52(1) of the Court of Appeal Rules

Ratio Decidendi

Non-service of the application documents on the 2nd and 3rd respondents within the prescribed period rendered the application incompetent as against them, necessitating striking out with costs.

Court Disposition

application struck out as against 2nd and 3rd respondents with costs; to proceed against 1st and 4th respondents

Orders

  • Application struck out as against 2nd and 3rd respondents with costs
  • Hearing to proceed against 1st and 4th respondents on a date to be fixed by the Registrar