20050715 TZCA Arusha

20050715 TZCA Arusha

Failure to cite the specific enabling provision in the notice of motion renders the application incompetent and liable to be struck out.

Citation
20050715 TZCA Arusha
Parties
Applicant: Fabian Akonaay; Respondent: Matias Dawite
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2005
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Revision
Outcome
Application struck out with costs
Legal Topics
Revision, Costs, Procedural Requirements
Source Language
English
Civil Procedure Revision Costs Procedural Requirements

Case Brief

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Parties

Fabian Akonaay

Applicant

Matias Dawite

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Revision

Legal Issues

  1. 1 Whether failure to cite a specific enabling provision invalidates the application for revision
  2. 2 Whether the application for revision is time-barred
  3. 3 Whether revision is being improperly used in lieu of appeal

Ratio Decidendi

Failure to cite the specific enabling provision in the notice of motion renders the application incompetent and liable to be struck out.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs