20041027 TZCA Arusha4
Failure to cite the specific provision of Rule 9 under which the application is made renders the application incompetent, as Rule 9 covers multiple distinct matters and specificity is required to properly move the Court.
- Citation
- 20041027 TZCA Arusha4
- Parties
- Applicant: Sunflag (T) Limited; Respondent: Yerome Wambura; Respondent: Hussein Khamis; Respondent: Saria Mathias; Respondent: Charles J. Shayo; Respondent: Jonas John
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 October 2004
- Procedural Posture
- Civil Application / Application for Stay of Execution Before the Court of Appeal
- Outcome
- Application struck out as incompetent
- Legal Topics
- Stay of Execution, Competence of Application, Proper Citation of Legal Provisions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sunflag (T) Limited
Applicant
Yerome Wambura
Respondent
Hussein Khamis
Respondent
Saria Mathias
Respondent
Charles J. Shayo
Respondent
Jonas John
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Before the Court of Appeal
Legal Issues
- 1 Whether failure to cite the specific subrule under Rule 9 of the Court Rules renders the application incompetent
Ratio Decidendi
Failure to cite the specific provision of Rule 9 under which the application is made renders the application incompetent, as Rule 9 covers multiple distinct matters and specificity is required to properly move the Court.
Court Disposition
Application struck out as incompetent
Orders
- Each party to bear its own costs in this Court
Full Case Text
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