ramani consultants ltd vs the board of trustees of the national social security fund another 2018 tzca 381 9 march 2018

ramani consultants ltd vs the board of trustees of the national social security fund another 2018 tzca 381 9 march 2018

The application was incompetent for failure to include the trial court proceedings as required by law; each party to bear its own costs as respondents did not file documents or raise the issue of incompetence.

Citation
ramani consultants ltd vs the board of trustees of the national social security fund another 2018 tzca 381 9 march 2018
Parties
Applicant: Ramani Consultants Ltd; 1st Respondent: The Board of Trustees of the National Social Security Fund; 2nd Respondent: M/S Land-Plan Icon Architects Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 March 2018
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection/incompetence
Outcome
Application struck out as incompetent; no order as to costs.
Legal Topics
Revision Proceedings, Competence of Application, Costs
Source Language
English
Civil Procedure Appellate Practice Revision Proceedings Competence of Application Costs

Case Brief

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Parties

Ramani Consultants Ltd

Applicant

The Board of Trustees of the National Social Security Fund

1st Respondent

M/S Land-Plan Icon Architects Ltd

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection/incompetence

Legal Issues

  1. 1 Whether omission of the trial court proceedings renders the application incompetent
  2. 2 Whether costs should be awarded when the application is struck out for incompetence

Ratio Decidendi

The application was incompetent for failure to include the trial court proceedings as required by law; each party to bear its own costs as respondents did not file documents or raise the issue of incompetence.

Court Disposition

Application struck out as incompetent; no order as to costs.

Orders

  • Application struck out for incompetence due to omission of trial court proceedings.
  • Each party to bear its own costs.