gapco tanzania limited vs ramzan d walji company ltd another 2013 tzhclandd 17 11 march 2013

gapco tanzania limited vs ramzan d walji company ltd another 2013 tzhclandd 17 11 march 2013

The application was struck out because it was improperly lodged against the 2nd respondent without a pending suit, statutory notice was not served to the local government authority, and the supporting affidavit was defective.

Citation
gapco tanzania limited vs ramzan d walji company ltd another 2013 tzhclandd 17 11 march 2013
Parties
Applicant: GAPCO Tanzania Limited; 1st Respondent: Ramzan D. Walji Company Ltd.; 2nd Respondent: Rungwe District Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 March 2013
Procedural Posture
Miscellaneous Land Cause / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Interlocutory Injunctions, Misjoinder and Non Joinder of Parties, Notice to Local Government Authorities, Defective Affidavits
Source Language
English
Land Law Civil Procedure Interlocutory Injunctions Misjoinder and Non Joinder of Parties Notice to Local Government Authorities Defective Affidavits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

GAPCO Tanzania Limited

Applicant

Ramzan D. Walji Company Ltd.

1st Respondent

Rungwe District Council

2nd Respondent

Procedural Posture

Miscellaneous Land Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was properly lodged against the 2nd respondent without a pending suit
  2. 2 Whether notice was properly served to the 2nd respondent as required by law
  3. 3 Whether the affidavit in support of the application was defective

Ratio Decidendi

The application was struck out because it was improperly lodged against the 2nd respondent without a pending suit, statutory notice was not served to the local government authority, and the supporting affidavit was defective.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs