20091026 TZCA Tabora 1

Failure to state the grounds in the Notice of Motion is a fatal omission that renders the application incompetent and incurably defective, warranting its being struck out.

Citation: 20091026 TZCA Tabora 1
Parties: Applicant: Leticia Benedicto Choma; Respondent: Tamasha Benedicto Choma; Respondent: John Philips Salubobo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 October 2009
Procedural Posture: Civil Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Notice of Motion, Procedural Compliance, Preliminary Objection
Source Language: English

Civil Procedure Extension of Time Notice of Motion Procedural Compliance Preliminary Objection

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Parties

Leticia Benedicto Choma

Applicant

Tamasha Benedicto Choma

Respondent

John Philips Salubobo

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

1 Whether failure to state grounds in the Notice of Motion renders the application incompetent
2 Whether grounds for application can be contained in the affidavit instead of the Notice of Motion

Ratio Decidendi

Failure to state the grounds in the Notice of Motion is a fatal omission that renders the application incompetent and incurably defective, warranting its being struck out.

Court Disposition

Application struck out with costs

Orders

Notice of Motion struck out as incompetent
Applicant to pay costs