mkandila tambo vs tanesco others 2013 tzhc 2114 19 march 2013
The application was made under wrong and non-existent provisions of the law, failing to properly move the court; thus, the application is incompetent and must be struck out.
- Citation
- mkandila tambo vs tanesco others 2013 tzhc 2114 19 march 2013
- Parties
- Applicant: Mkandila Tambo; 1st Respondent: TANESCO; 2nd and 3rd Respondents: Attorney General's Chambers, Dodoma Office
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 March 2013
- Procedural Posture
- Misc. Civil Application / Ruling on Preliminary Legal Defect
- Outcome
- Application struck out as incompetent.
- Legal Topics
- Judicial Review, Wrong Citation of Law, Prerogative Orders, Competence of Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mkandila Tambo
Applicant
TANESCO
1st Respondent
Attorney General's Chambers, Dodoma Office
2nd and 3rd Respondents
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Legal Defect
Legal Issues
- 1 Whether the application is competent before the court due to citation of non-existent and wrong legal provisions
Ratio Decidendi
The application was made under wrong and non-existent provisions of the law, failing to properly move the court; thus, the application is incompetent and must be struck out.
Court Disposition
Application struck out as incompetent.
Orders
- Application struck out for citing wrong and non-existent legal provisions.
- No order as to costs.
Full Case Text
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