20050307 TZCA Dare es salaam
The application is incompetent because it fails to cite any provision of law empowering the court to entertain it; as a result, the court was not properly moved.
- Citation
- 20050307 TZCA Dare es salaam
- Parties
- Applicant: Milcafe Ltd; Respondent: Norman Al-Mahboub
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 March 2005
- Procedural Posture
- Civil Application / Application for Stay of Execution
- Outcome
- application struck out with costs
- Legal Topics
- Stay of Execution, Competence of Application, Citation of Legal Provisions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Parties
Milcafe Ltd
Applicant
Norman Al-Mahboub
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution
Legal Issues
- 1 Whether failure to cite the relevant provision of law renders the application incompetent
- 2 Whether the court has jurisdiction to entertain the application without proper citation of law
Ratio Decidendi
The application is incompetent because it fails to cite any provision of law empowering the court to entertain it; as a result, the court was not properly moved.
Court Disposition
application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment