ALEX MSAMA MWITA VS. EMMANUEL NASUZWA KITUNDU AND ANOTHER CIVIL APPLICATION NO. 538/17 OF 2020.

Abstract

: (i) The applicant did not comply with the mandatory requirement of the law which requires service of the notice of motion to be done within fourteen (14) days from the date of filing and this omission as the court have pronounced itself in the previous cases, renders the application incompetent. (ii) The applicant sought to invite this Court to invoke the overriding objective principle and gloss over the omission. It bears reaffirming that, the overriding objective principle cannot be applied blindly in total disregard of the mandatory provisions of the law such as the one in the instant application. In the result, the Court uphold the preliminary objection.