nbc ltd vs kalunga company advocates 2006 tzhc 6 18 january 2006

nbc ltd vs kalunga company advocates 2006 tzhc 6 18 january 2006

The application was filed outside the fourteen-day limitation period prescribed by Rule 43(a) of the Court of Appeal Rules, 1979, and failed to properly cite the specific enabling provision, rendering it incompetent and improperly before the court.

Citation
nbc ltd vs kalunga company advocates 2006 tzhc 6 18 january 2006
Parties
Applicant's Advocate: Miss Ndikini; Respondent's Advocate: Mr. Mhango
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 January 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Leave to Appeal
Outcome
Application struck out
Legal Topics
Leave to Appeal, Limitation Periods, Proper Citation of Enabling Provisions
Source Language
English
Civil Procedure Leave to Appeal Limitation Periods Proper Citation of Enabling Provisions

Case Brief

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Parties

Miss Ndikini

Applicant's Advocate

Mr. Mhango

Respondent's Advocate

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed limitation period
  2. 2 Whether failure to cite the specific enabling provision renders the application incompetent

Ratio Decidendi

The application was filed outside the fourteen-day limitation period prescribed by Rule 43(a) of the Court of Appeal Rules, 1979, and failed to properly cite the specific enabling provision, rendering it incompetent and improperly before the court.

Court Disposition

Application struck out

Orders

  • The application is struck out as improperly before the court.