NA TZCA Tabora
Failure to state the grounds in the Notice of Motion is a fatal omission and renders the application incompetent; the Notice of Motion is accordingly struck out.
- Citation
- NA TZCA Tabora
- Parties
- Applicant: Leticia Benedictor Choma; Respondent: Tamasha Benedictor Choma; Respondent: John Philips Salubobo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 January 2008
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Notice of Motion, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Leticia Benedictor Choma
Applicant
Tamasha Benedictor Choma
Respondent
John Philips Salubobo
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection
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 supporting affidavit instead of the Notice of Motion
Ratio Decidendi
Failure to state the grounds in the Notice of Motion is a fatal omission and renders the application incompetent; the Notice of Motion is accordingly struck out.
Court Disposition
Application struck out with costs
Orders
- Notice of Motion struck out as incompetent
- Applicant to pay costs
Full Case Text
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