19980305 TZCA Dar es Salaam

19980305 TZCA Dar es Salaam

Failure to state grounds in Notice of Motion is ordinarily fatal, but since grounds were disclosed in the supporting affidavit and no prejudice was caused, leave to amend Notice of Motion is granted.

Citation
19980305 TZCA Dar es Salaam
Parties
Applicant: VIP Engineering & Marketing Ltd.; Respondent: Said Salim Bakhressa Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 March 1998
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Notice of Motion
Outcome
Preliminary objection dismissed; leave granted to amend Notice of Motion.
Legal Topics
Extension of Time, Notice of Motion Requirements, Procedural Compliance, Amendment of Pleadings
Source Language
English
Civil Procedure Extension of Time Notice of Motion Requirements Procedural Compliance Amendment of Pleadings

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Parties

VIP Engineering & Marketing Ltd.

Applicant

Said Salim Bakhressa Ltd.

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Notice of Motion

Legal Issues

  1. 1 Whether failure to state grounds in Notice of Motion renders application fatally defective
  2. 2 Whether leave to amend Notice of Motion should be granted

Ratio Decidendi

Failure to state grounds in Notice of Motion is ordinarily fatal, but since grounds were disclosed in the supporting affidavit and no prejudice was caused, leave to amend Notice of Motion is granted.

Court Disposition

Preliminary objection dismissed; leave granted to amend Notice of Motion.

Orders

  • Applicant to amend Notice of Motion within seven (7) days by stating grounds of application.
  • Each party to bear its own costs.