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Tanzania decisions
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The District Court properly dismissed the application for extension of time after hearing it on merits, as the defect was not one of competence but of failure to substantiate the application; thus, dismissal, not striking out, was the correct remedy.
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The High Court Labour Division struck out a miscellaneous application challenging the Registrar’s decision, holding the applicants should have filed an appeal under the proper procedure.
Failure to specify the relevant sub-rules or subsections of the cited enabling provisions renders the application incompetent and liable to be struck out.
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The High Court struck out a land chamber application for being an omnibus application that improperly joined two distinct prayers: extension of time and setting aside an ex parte order.
The High Court Labour Division struck out an application for substitution, holding it was incompetent because the applicant cited no proper enabling provision and no live case was pending.
Failure to cite the specific paragraph of Rule 66(1) in the Notice of Motion renders the application incompetent and incurably defective.
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The application was incompetent due to non-citation and wrong citation of the enabling provision of law, as the process sought (lifting a garnishee order nisi) is part of execution and must be brought under the specific rule for stay of execution, not under a non-existent or incorrect rule.
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The application was rendered incompetent due to failure to properly cite the applicable legal provisions, specifically the relevant subsection and subrule, as required by settled case law.
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The application was incurably defective for being brought in omnibus form under different rules, rendering it incompetent and liable to be struck out.
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The application was struck out because it was brought in an omnibus form, combining multiple applications under different rules, which is not permitted under the Court of Appeal Rules and renders the application incurably defective.
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