juwata another vs board of external trade 2002 tzhc 2015 14 april 2002

juwata another vs board of external trade 2002 tzhc 2015 14 april 2002

The application for restoration is struck out because the original application was declared incompetent and closed by Judge Kazimoto's ruling; no leave was granted, and there was no pending application to amend or restore.

Citation
juwata another vs board of external trade 2002 tzhc 2015 14 april 2002
Parties
Applicant: Nathaniel Mlaki; Respondent: Board of External Trade
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 April 2002
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Restoration
Outcome
Application for restoration struck out with costs
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Leave to File, Restoration of Application, Jurisdiction, Preliminary Objection
Source Language
English
Administrative Law Labour Law Civil Procedure Prerogative Orders Certiorari Mandamus Leave to File Restoration of Application +2 more

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Parties

Nathaniel Mlaki

Applicant

Board of External Trade

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Restoration

Legal Issues

  1. 1 Whether it was proper to file an amended chamber application after the original application was declared incompetent
  2. 2 Whether leave to file for prerogative orders was ever granted
  3. 3 Whether restoration of the chamber application is permissible after dismissal for non-appearance

Ratio Decidendi

The application for restoration is struck out because the original application was declared incompetent and closed by Judge Kazimoto's ruling; no leave was granted, and there was no pending application to amend or restore.

Court Disposition

Application for restoration struck out with costs

Orders

  • The application for restoration is struck out with costs.