20131126 TZCA Arusha1 1

IN THE COURT OF APPEAL OF TANZANIA ATARUSHA (CORAM: KIMARO, J.A., MASSATI, J.A., And MMILLA, J.A.) MSH. CIVIL APPLICATION NO. 6 OF 2012 J EREII1IAH J. NKINDA .................. .................... APPLICANT VERSUS TANZANIA BREWERIES LTD SUCCESSOR & MAJORITY SHARE HOLDERS OF TBL FARMS LTD) ..................... RESPONDENT (Application from the decision of the High Court of Tanzania at Moshi) (Mzuna, J.) dated the 5k" day of October, 2012 in Misc. Civil Application No. 35 of 2010 ORDER OF THE COURT MASSATI. ].A.: When the application was called on for hearing, only the applicant appeared. The respondent did not appear because, although the affidavit of service of the summons on the Chief Executive Director Tanzania Breweries shows that it was received by one N [[MA SAMWEL. There is no official stamp of the respondent (which is a corporate body) nor is the title of the said NEEMA SAMWEL in the respondent company indicated. We were therefore unsure whether the respondent was properly served. We were inclined to adjourn the matter but for the fact that the application itself is fatally defective for failing to cite the specific rule under which it is brought as required by Rule 48 of the Court of Appeal Rules, 2009. The applicant himself has conceded, to this defect. In view of the circumstances, the application is incompetent. We cannot adjourn a nothing. So the application is accordingly struck out. We make no order as to costs. DATED at ARUSHA this 26th day of November, 2013. N.P. KIMARO JUSTICE OF APPEAL AP 4cr S.A. MASSATI JUSTICE OF APPEAL - ..V• B.M. MMILLA JUSTICE OF APPEAL I Certify that this is a true copy of the original. F.J. KABWE DEPUTY REGISTRAR COURT OF APPEAL