zuwena abdul ali vs gold treet ltd others 2018 tzhccomd 88 13 june 2018

zuwena abdul ali vs gold treet ltd others 2018 tzhccomd 88 13 june 2018

The application was incompetent because the applicant failed to cite the relevant and enabling provision (Section 78) of the Civil Procedure Code for review, and wrong citation of law means the court is not properly moved.

Citation
zuwena abdul ali vs gold treet ltd others 2018 tzhccomd 88 13 june 2018
Parties
Applicant: Zuwena Abdul Ali; 1st Respondent: Gold Tree (T) Ltd; 2nd Respondent: Gaslamp; 3rd Respondent: Percy Beda Mwidadi; 4th Respondent: Victor Joseph Peter; 5th Respondent: Ruphinus Antony Mlorere
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 June 2018
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Review of Court Orders, Proper Citation of Enabling Provisions, Preliminary Objections
Source Language
English
Civil Procedure Review of Court Orders Proper Citation of Enabling Provisions Preliminary Objections

Case Brief

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Parties

Zuwena Abdul Ali

Applicant

Gold Tree (T) Ltd

1st Respondent

Gaslamp

2nd Respondent

Percy Beda Mwidadi

3rd Respondent

Victor Joseph Peter

4th Respondent

Ruphinus Antony Mlorere

5th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for review was properly before the court based on the cited legal provisions
  2. 2 Whether the applicant, not being a party to the original suit, could seek interim orders

Ratio Decidendi

The application was incompetent because the applicant failed to cite the relevant and enabling provision (Section 78) of the Civil Procedure Code for review, and wrong citation of law means the court is not properly moved.

Court Disposition

Application struck out

Orders

  • Application struck out for want of proper citation of enabling provision
  • No order as to costs