mkandila tambo vs tanesco others 2013 tzhc 2114 19 march 2013

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

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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

  1. 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.