20111116 TZCA Dar es Salaam

20111116 TZCA Dar es Salaam

Rule 89(2) of the Court of Appeal Rules, 2009 is specific and only permits an application to strike out a single notice of appeal per application. Consolidating two notices in one application is not permitted, rendering the application incompetent.

Citation
20111116 TZCA Dar es Salaam
Parties
Applicant: VIP Engineering and Marketing Limited; 1st Respondent: Mechmar Corporation (Malaysia) Berhad; 2nd Respondent: Standard Chartered Bank (Hong Kong) Limited; 3rd Respondent: Martha Kaveni Renju; Necessary Party (4th Respondent): The Official Receiver and Liquidator of Independent Power Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2011
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Competence of Application
Outcome
Application struck out as incompetent with costs.
Legal Topics
Striking Out Notice of Appeal, Interpretation of Procedural Rules, Multiplicity of Proceedings
Source Language
English
Civil Procedure Striking Out Notice of Appeal Interpretation of Procedural Rules Multiplicity of Proceedings

Case Brief

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Parties

VIP Engineering and Marketing Limited

Applicant

Mechmar Corporation (Malaysia) Berhad

1st Respondent

Standard Chartered Bank (Hong Kong) Limited

2nd Respondent

Martha Kaveni Renju

3rd Respondent

The Official Receiver and Liquidator of Independent Power Tanzania Limited

Necessary Party (4th Respondent)

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

  1. 1 Whether a single application can be used to strike out multiple notices of appeal under Rule 89(2) of the Court of Appeal Rules, 2009

Ratio Decidendi

Rule 89(2) of the Court of Appeal Rules, 2009 is specific and only permits an application to strike out a single notice of appeal per application. Consolidating two notices in one application is not permitted, rendering the application incompetent.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • The application is struck out with costs.