20161024 TZCA Tabora 1
The application was struck out due to the applicant's failure to cite the correct enabling provision of law, as admitted by counsel and unopposed by the respondent.
Source-derived case information.
- Citation
- 20161024 TZCA Tabora 1
- Parties
- Applicant: General Manager Western Zone Tobacco Growers Cooperative Union; Respondent: James Shija
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 October 2016
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Wrong Citation of Enabling Provision, Striking Out Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
General Manager Western Zone Tobacco Growers Cooperative Union
Applicant
James Shija
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application should be struck out for citing the wrong enabling provision of law
Ratio Decidendi
The application was struck out due to the applicant's failure to cite the correct enabling provision of law, as admitted by counsel and unopposed by the respondent.
Court Disposition
application struck out
Orders
- Application struck out with no order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT TABORA (CORAM: MBAROUK, J.A., LUANDA, J.A., And MZIRAY, J.A.) CIVIL APPLICATION NO. 22 OF 2015 GENERAL MANAGER WESTERN ZONE TOBACCO GROWERS COOPERATIVE UNION ........... APPLICANT VERSUS JAMES SHIJA ..••••••••••••••••••••••••••••••..••• 11••·····••11••··· RESPONDENT (Appeal from the decision of the High Court of Tanzania at Tabora) (Nchimbi, J.) dated the 17th day of October, 2014 in Criminal Appeal No. 132 of 2013 ...........••.... RULING OF THE COURT MZIRAY, l.A.: This application is fixed for hearing this morning. The applicant is represented by Mr. Mugaya Mtaki learned counsel and the respondent is present in person, unrepresented. When the application was called on for hearing Mr. Mtaki informed the Court that upon going through the application he has discovered that he cited a wrong provision of the law as he was supposed to cite Rule 89(2) of the Court of Appeal Rules, 2009 as the enabling provision of law. In view of that he prayed C ==============:::::::===========:::?::=====================c==~=..:.il "' .. •~- 1 _ to strike the application with no order as to costs, taking in to consideration that the respondent did not incur expenses to file any document and on top of that he is a resident within the Tabora Municipality. On the part of the respondent he did not have any objection to the prayer made. On our part we agree to what has been submitted by Mr. ) Mtaki and we find that indeed there is a wrong citation of the enabling provision of law. In the circumstance this application is struck out with no order as to costs. DATED at TABORA this 24th day of October, 2016. M.S. MBAROUK JUSTICE OF APPEAL B. M. LUANDA JUSTICE OF APPEAL R.E.S. MZIRAY JUSTICE OF APPEAL I certify that this is a true copy of the original. E.F. F DEPUTY RE I TRAR COURT OF EAL 2