20070918 TZCA Dar es salaam

20070918 TZCA Dar es salaam

An application against a non-existing party is incompetent; since Tanzania Harbours Authority ceased to exist after the Ports Act, 2004, and the applicant failed to substitute the proper party or comply with statutory requirements, the application must be struck out.

Citation
20070918 TZCA Dar es salaam
Parties
Applicant: Tosi Jategi; 1st Respondent: Tanzania Harbours Authority; 2nd Respondent: Tanzania Ports Authority
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 September 2007
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Extension of Time to Serve Notice of Appeal
Outcome
Application struck out as incompetent with costs.
Legal Topics
Extension of Time, Non Existent Legal Entities, Successor Statutory Corporations, Proper Parties to Proceedings
Source Language
English
Civil Procedure Administrative Law Extension of Time Non Existent Legal Entities Successor Statutory Corporations Proper Parties to Proceedings

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Parties

Tosi Jategi

Applicant

Tanzania Harbours Authority

1st Respondent

Tanzania Ports Authority

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time to Serve Notice of Appeal

Legal Issues

  1. 1 Whether the application is incompetent for being against a non-existing respondent
  2. 2 Whether an appeal can lie against the 2nd respondent after statutory changes

Ratio Decidendi

An application against a non-existing party is incompetent; since Tanzania Harbours Authority ceased to exist after the Ports Act, 2004, and the applicant failed to substitute the proper party or comply with statutory requirements, the application must be struck out.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • Application struck out with costs.