dtdobie tanzanialtd vs phantom modern transport 2001 tzca 3 7 december 2001

dtdobie tanzanialtd vs phantom modern transport 2001 tzca 3 7 december 2001

The notice of motion was fatally defective for not being signed and dated as required, and for mis-citing the enabling law. Such non-compliance with mandatory procedural rules cannot be condoned, and the application must be struck out.

Citation
dtdobie tanzanialtd vs phantom modern transport 2001 tzca 3 7 december 2001
Parties
Applicant/judgement Debtor: D.T. Dobie (Tanzania) Limited; Respondent/decree Holder: Phantom Modern Transport (1985) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2001
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal, Preliminary Objection on Notice of Motion
Outcome
preliminary objection upheld; application struck out with costs
Legal Topics
Stay of Execution, Non Compliance With Procedural Rules, Notice of Motion Requirements
Source Language
English
Civil Procedure Stay of Execution Non Compliance With Procedural Rules Notice of Motion Requirements

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Parties

D.T. Dobie (Tanzania) Limited

Applicant/judgement Debtor

Phantom Modern Transport (1985) Limited

Respondent/decree Holder

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal, Preliminary Objection on Notice of Motion

Legal Issues

  1. 1 Whether the notice of motion for stay of execution was compliant with Rule 45(2) of the Tanzania Court of Appeal Rules
  2. 2 Effect of non-compliance with prescribed form and signature/date requirements in notice of motion

Ratio Decidendi

The notice of motion was fatally defective for not being signed and dated as required, and for mis-citing the enabling law. Such non-compliance with mandatory procedural rules cannot be condoned, and the application must be struck out.

Court Disposition

preliminary objection upheld; application struck out with costs

Orders

  • Notice of motion struck out with costs