leonard magesa vs ms olam t ltd 2015 tzca 373 11 december 2015
The High Court was not properly moved as the respondent cited a wholly inapplicable provision of law, rendering the proceedings and order of certiorari a nullity.
- Citation
- leonard magesa vs ms olam t ltd 2015 tzca 373 11 december 2015
- Parties
- Appellant: Leonard Magesa; Respondent: M/S OLAM (T) LTD
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2015
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out
- Legal Topics
- Certiorari, Proper Citation of Law, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Parties
Leonard Magesa
Appellant
M/S OLAM (T) LTD
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court was properly moved to grant certiorari
- 2 Effect of citing wrong legal provisions in applications
Ratio Decidendi
The High Court was not properly moved as the respondent cited a wholly inapplicable provision of law, rendering the proceedings and order of certiorari a nullity.
Court Disposition
appeal struck out
Orders
- Proceedings and ruling of the High Court quashed
- Order of certiorari set aside
Full Case Text
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