20131211 TZCA Dar es Salaam

20131211 TZCA Dar es Salaam

The application is fatally defective for not stating grounds and not conforming to the prescribed form as required by Rule 48(1) and (2) of the Tanzania Court of Appeal Rules, 2009; therefore, it must be struck out.

Citation
20131211 TZCA Dar es Salaam
Parties
Applicant: Peter Petro Haule; Respondent: Oyster Camp Ltd; Respondent: Flora Mbungu; Respondent: Frank Safari Mchuma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2013
Procedural Posture
Civil Appeal / Application for Extension of Time to File Written Submissions
Outcome
application struck out
Legal Topics
Extension of Time, Notice of Motion, Court Procedure, Costs
Source Language
English
Civil Procedure Extension of Time Notice of Motion Court Procedure Costs

Case Brief

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Parties

Peter Petro Haule

Applicant

Oyster Camp Ltd

Respondent

Flora Mbungu

Respondent

Frank Safari Mchuma

Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time to File Written Submissions

Legal Issues

  1. 1 Whether the notice of motion is fatally defective for contravening Rule 48(1) and (2) of the Tanzania Court of Appeal Rules, 2009 by not containing grounds and not conforming substantially with Form A

Ratio Decidendi

The application is fatally defective for not stating grounds and not conforming to the prescribed form as required by Rule 48(1) and (2) of the Tanzania Court of Appeal Rules, 2009; therefore, it must be struck out.

Court Disposition

application struck out

Orders

  • application struck out
  • each party to bear own costs