idd semvua msangi vs sisty leonard others 2004 tzhc 19 22 october 2004

idd semvua msangi vs sisty leonard others 2004 tzhc 19 22 october 2004

Failure to cite the enabling law in the chamber summons is a fundamental defect that renders the application incompetent and incapable of being maintained.

Citation
idd semvua msangi vs sisty leonard others 2004 tzhc 19 22 october 2004
Parties
Applicant: Idd Semvua Msangi; Respondents: Sisty Leonard and Iyen Nsemwa as Liquidators of Tanzania Crown Corks Ltd; Respondent: Erick Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2004
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs.
Legal Topics
Stay of Execution, Proper Citation of Law, Preliminary Objection, Competence of Application
Source Language
English
Civil Procedure Stay of Execution Proper Citation of Law Preliminary Objection Competence of Application

Case Brief

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Parties

Idd Semvua Msangi

Applicant

Sisty Leonard and Iyen Nsemwa as Liquidators of Tanzania Crown Corks Ltd

Respondents

Erick Auction Mart

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to cite the enabling law renders the application incompetent
  2. 2 Whether the omission to cite the enabling law can be cured at this stage

Ratio Decidendi

Failure to cite the enabling law in the chamber summons is a fundamental defect that renders the application incompetent and incapable of being maintained.

Court Disposition

Application struck out with costs.

Orders

  • Application struck out with costs.