20010918 TZHC Dar es Salaam

20010918 TZHC Dar es Salaam

The application is incompetent because the original objection proceedings were dismissed for non-appearance and cannot be revived by simply altering the prayers; the proper procedure would have been to apply to set aside the dismissal order first.

Citation
20010918 TZHC Dar es Salaam
Parties
Applicant: John Lessa; Respondent: Zangargo Limited; Respondent: Julius Mwamiu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2001
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
application struck out as incompetent
Legal Topics
Application to Set Aside Attachment Order, Dismissal of Application for Non Appearance, Competence of Application
Source Language
English
Civil Procedure Application to Set Aside Attachment Order Dismissal of Application for Non Appearance Competence of Application

Case Brief

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Parties

John Lessa

Applicant

Zangargo Limited

Respondent

Julius Mwamiu

Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application to set aside the attachment order is competent after dismissal of the original objection proceedings for non-appearance
  2. 2 Whether the affidavit supporting the application provides sufficient grounds

Ratio Decidendi

The application is incompetent because the original objection proceedings were dismissed for non-appearance and cannot be revived by simply altering the prayers; the proper procedure would have been to apply to set aside the dismissal order first.

Court Disposition

application struck out as incompetent

Orders

  • The application is struck out for being incompetent.