mbaraka waziri vs refco company limited 2022 tzhc 15046 5 december 2022

mbaraka waziri vs refco company limited 2022 tzhc 15046 5 december 2022

The application was incompetent for failure to comply with the mandatory requirement of Rule 3 of GN No. 312 of 1964, as it was neither accompanied by a petition of appeal nor did it set out the grounds of the intended appeal. This omission is fatal and cannot be cured by the principle of overriding objective.

Citation
mbaraka waziri vs refco company limited 2022 tzhc 15046 5 december 2022
Parties
Applicant: Mbaraka Waziri; Respondent: REFCO Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Competency of Application
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Appeals From Primary Courts, Procedural Compliance, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Appeals From Primary Courts Procedural Compliance Preliminary Objection

Case Brief

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Parties

Mbaraka Waziri

Applicant

REFCO Company Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Competency of Application

Legal Issues

  1. 1 Whether the application for extension of time is competent for failure to comply with Rule 3 of GN No. 312 of 1964
  2. 2 Whether the omission to attach a petition of appeal or state grounds of intended appeal is fatal to the application

Ratio Decidendi

The application was incompetent for failure to comply with the mandatory requirement of Rule 3 of GN No. 312 of 1964, as it was neither accompanied by a petition of appeal nor did it set out the grounds of the intended appeal. This omission is fatal and cannot be cured by the principle of overriding objective.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for incompetence with costs to the respondent.