abdallah hitler ramadhani vs hassan abubakar mwinchumu 2019 tzhclandd 18 27 september 2019
The applicant's affidavit is fatally defective for containing hearsay facts not within the deponent's knowledge, violating Order XIX Rule 3(1) of the Civil Procedure Code; expunging the defective paragraphs leaves no substance to support the application.
- Citation
- abdallah hitler ramadhani vs hassan abubakar mwinchumu 2019 tzhclandd 18 27 september 2019
- Parties
- Applicant: Abdallah Hitler Ramadhani; Respondent: Hassan Abubakar Mwinchumu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 27 September 2019
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Affidavit Defects, Preliminary Objection, Extension of Time
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abdallah Hitler Ramadhani
Applicant
Hassan Abubakar Mwinchumu
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the applicant's affidavit is defective for containing hearsay facts and contravening Order XIX Rule 3(1) of the Civil Procedure Code
- 2 Whether the preliminary objection qualifies as a pure point of law
Ratio Decidendi
The applicant's affidavit is fatally defective for containing hearsay facts not within the deponent's knowledge, violating Order XIX Rule 3(1) of the Civil Procedure Code; expunging the defective paragraphs leaves no substance to support the application.
Court Disposition
application struck out
Orders
- application for extension of time to file an appeal is struck out with no order as to costs
Full Case Text
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