19930305 TZCA Dar es Salaam

The omission to state grounds in the notice of motion is not fatal where the supporting affidavit discloses the grounds and no prejudice is caused to the respondent. The preliminary objection is dismissed and leave is granted to amend the notice of motion within seven days.

Source-derived case information.

Citation: 19930305 TZCA Dar es Salaam
Parties: Applicant: VIP Engineering & Marketing Ltd.; Respondent: Said Salim Bakhressa Ltd.
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 March 1993
Procedural Posture: Application for Extension of Time to File Review of Judgment / Ruling on Preliminary Objection
Outcome: Preliminary objection dismissed; leave to amend notice of motion granted
Legal Topics: Extension of Time, Review of Judgment, Procedural Compliance, Notice of Motion
Source Language: english

Civil Procedure Extension of Time Review of Judgment Procedural Compliance Notice of Motion

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

VIP Engineering & Marketing Ltd.

Applicant

Said Salim Bakhressa Ltd.

Respondent

Procedural Posture

Application for Extension of Time to File Review of Judgment / Ruling on Preliminary Objection

Legal Issues

1 Whether the application for extension of time is incompetent for failure to state grounds in the notice of motion as required by the rules
2 Whether the omission to state grounds in the notice of motion is fatal to the application

Ratio Decidendi

Court Disposition

Preliminary objection dismissed; leave to amend notice of motion granted

Orders

Applicant granted leave to amend the notice of motion within seven (7) days by stating the grounds of the application.
Each party to bear its own costs.

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