20190628 TZHC Dar es Salaam 2
The application was time-barred, procedurally incompetent for not being by memorandum of review, and supported by an incurably defective affidavit, rendering it incompetent and liable to dismissal with costs.
- Citation
- 20190628 TZHC Dar es Salaam 2
- Parties
- Applicant: Alex Maganga; 1st Respondent: Attorney General; 2nd Respondent: Commissioner for Lands; 3rd Respondent: Ibrahim Mussa Kembaro
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 June 2019
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objections to Application for Review
- Outcome
- Application dismissed with costs
- Legal Topics
- Limitation of Actions, Review of Court Orders, Affidavit Requirements, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alex Maganga
Applicant
Attorney General
1st Respondent
Commissioner for Lands
2nd Respondent
Ibrahim Mussa Kembaro
3rd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections to Application for Review
Legal Issues
- 1 Whether the application for review was time-barred under the Law of Limitation Act
- 2 Whether the application contravened procedural requirements under the Civil Procedure Code
- 3 Whether the supporting affidavit was incurably defective
Ratio Decidendi
The application was time-barred, procedurally incompetent for not being by memorandum of review, and supported by an incurably defective affidavit, rendering it incompetent and liable to dismissal with costs.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed with costs to the respondents
Full Case Text
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