20100424 TZCA Dar es Salaam

20100424 TZCA Dar es Salaam

Failure to state the grounds for the application in the body of the Notice of Motion is a fatal defect that renders the application incompetent and liable to be struck out.

Citation
20100424 TZCA Dar es Salaam
Parties
Applicant: MILLICOM (TANZANIA) N.V.; 1st Respondent: JAMES ALAN RUSSEL BELL; 2nd Respondent: GOLDEN GLOBE INTERNATIONAL SERVICES LIMITED; 3rd Respondent: QUALITY GROUP LIMITED; 4th Respondent: MICUFA LIMITED; 5th Respondent: MILLICOM INTERNATIONAL CELLULAR S.A.; 6th Respondent: MIC TANZANIA LIMITED
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 April 2010
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Notice of Motion, Application Procedure, Extension of Time
Source Language
English
Civil Procedure Notice of Motion Application Procedure Extension of Time

Case Brief

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Parties

MILLICOM (TANZANIA) N.V.

Applicant

JAMES ALAN RUSSEL BELL

1st Respondent

GOLDEN GLOBE INTERNATIONAL SERVICES LIMITED

2nd Respondent

QUALITY GROUP LIMITED

3rd Respondent

MICUFA LIMITED

4th Respondent

MILLICOM INTERNATIONAL CELLULAR S.A.

5th Respondent

MIC TANZANIA LIMITED

6th Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to state grounds in the Notice of Motion renders the application incompetent

Ratio Decidendi

Failure to state the grounds for the application in the body of the Notice of Motion is a fatal defect that renders the application incompetent and liable to be struck out.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs