john luchina vs munanka enterprises 2023 tzca 17815 9 november 2023
The application was struck out because the applicant failed to serve the notice of motion and supporting affidavit on the respondent within the mandatory 14-day period as required by rule 55(1) of the Tanzania Court of Appeal Rules, 2009, rendering the application incompetent.
- Citation
- john luchina vs munanka enterprises 2023 tzca 17815 9 november 2023
- Parties
- Applicant: John Luchina; Respondent: Munanka Enterprises
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 November 2023
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Lodge Notice of Appeal
- Outcome
- Application struck out
- Legal Topics
- Extension of Time, Service of Process, Notice of Motion, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Luchina
Applicant
Munanka Enterprises
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether failure to serve the notice of motion within 14 days renders the application incompetent
Ratio Decidendi
The application was struck out because the applicant failed to serve the notice of motion and supporting affidavit on the respondent within the mandatory 14-day period as required by rule 55(1) of the Tanzania Court of Appeal Rules, 2009, rendering the application incompetent.
Court Disposition
Application struck out
Orders
- Application is struck out with no order as to costs
Full Case Text
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