20171214 TZCA Mwanza 1

Failure to cite the specific paragraph of Rule 66(1) in the Notice of Motion renders the application incompetent and incurably defective.

Source-derived case information.

Citation: 20171214 TZCA Mwanza 1
Parties: Applicant: Peter Ng'homango; Respondent: The Attorney General
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 December 2017
Procedural Posture: Civil Application for Review / Ruling on Preliminary Objection Regarding Competence of Application
Outcome: Application struck out as incompetent
Legal Topics: Review of Court Decisions, Proper Citation of Enabling Provisions, Competence of Applications
Source Language: english

Civil Procedure Review of Court Decisions Proper Citation of Enabling Provisions Competence of Applications

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2

Parties

Peter Ng'homango

Applicant

The Attorney General

Respondent

Procedural Posture

Civil Application for Review / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

1 Whether the application for review is competent in the absence of citation of the specific paragraph of Rule 66(1) of the Court of Appeal Rules, 2009
2 Whether failure to cite the specific ground for review renders the application fatally defective

Ratio Decidendi

Failure to cite the specific paragraph of Rule 66(1) in the Notice of Motion renders the application incompetent and incurably defective.

Court Disposition

Application struck out as incompetent

Orders

Application is struck out with no order as to costs

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