onesmo olengurumwa vs minister of state in the presidents office regional administration local government another 2019 tzhc 2142 19 november 2019

onesmo olengurumwa vs minister of state in the presidents office regional administration local government another 2019 tzhc 2142 19 november 2019

The petition substantially complies with section 6(d) & (e) of BRADEA, and affidavit defects are cured by expunging unverified paragraphs; remaining affidavit supports the petition, and alleged falsehood does not render the affidavit incurably defective.

Citation
onesmo olengurumwa vs minister of state in the presidents office regional administration local government another 2019 tzhc 2142 19 november 2019
Parties
Petitioner: Onesmo Olengurumwa; 1st Respondent: Minister of State in the President's Office, Regional Administration and Local Government; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 2019
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed except for partial allowance of first objection
Legal Topics
Affidavit Defects, Compliance With Basic Rights and Duties Enforcement Act, Constitutionality of Statutory Provisions
Source Language
English
Constitutional Law Civil Procedure Affidavit Defects Compliance With Basic Rights and Duties Enforcement Act Constitutionality of Statutory Provisions

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Parties

Onesmo Olengurumwa

Petitioner

Minister of State in the President's Office, Regional Administration and Local Government

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petitioner's affidavit is incurably defective and renders the petition incompetent
  2. 2 Whether the petition violates section 6(d) & (e) of the Basic Rights and Duties Enforcement Act and is incompetent

Ratio Decidendi

The petition substantially complies with section 6(d) & (e) of BRADEA, and affidavit defects are cured by expunging unverified paragraphs; remaining affidavit supports the petition, and alleged falsehood does not render the affidavit incurably defective.

Court Disposition

Preliminary objections dismissed except for partial allowance of first objection

Orders

  • Paragraphs 5 and 6 of the petitioner's affidavit are expunged
  • Each party bears own costs