seth japhet vs nicholaus mero 2017 tzca 310 7 august 2017

The application is incompetent due to failure to state grounds for the relief sought in the notice of motion and affidavit as mandatorily required by Rule 48(1) of the Rules.

Citation: seth japhet vs nicholaus mero 2017 tzca 310 7 august 2017
Parties: Applicant: Seth Japhet; Respondent: Nicholaus M Ero
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 August 2017
Procedural Posture: Civil Application / Ruling on Preliminary Objection
Outcome: application struck out with costs
Legal Topics: Extension of Time, Leave to Appeal, Preliminary Objection, Procedural Requirements
Source Language: English

Civil Procedure Extension of Time Leave to Appeal Preliminary Objection Procedural Requirements

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Parties

Seth Japhet

Applicant

Nicholaus M Ero

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether failure to state grounds in the notice of motion renders the application incompetent
2 Whether citing multiple rules in the notice of motion is a fatal defect

Ratio Decidendi

The application is incompetent due to failure to state grounds for the relief sought in the notice of motion and affidavit as mandatorily required by Rule 48(1) of the Rules.

Court Disposition

application struck out with costs

Orders

The application is struck out with costs.