adelina chugulu others vs national examination council of tanzania another 2005 tzhc 212 9 november 2005

adelina chugulu others vs national examination council of tanzania another 2005 tzhc 212 9 november 2005

The procedures for representative suits under Order 1 Rule 8 of the Civil Procedure Code do not apply to applications for prerogative orders, which are governed by a different statutory regime. The affidavit in question was properly dated and sworn as per court records. Therefore, the preliminary objections are dismissed.

Citation
adelina chugulu others vs national examination council of tanzania another 2005 tzhc 212 9 november 2005
Parties
Applicant: Adelina Chugulu and 99 others; 1st Respondent: National Examination Council of Tanzania; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2005
Procedural Posture
Miscellaneous Civil Cause (application for Prerogative Orders) / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Prerogative Orders, Certiorari, Mandamus, Representative Suits, Affidavit Defects, Preliminary Objections
Source Language
English
Administrative Law Civil Procedure Prerogative Orders Certiorari Mandamus Representative Suits Affidavit Defects Preliminary Objections

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Parties

Adelina Chugulu and 99 others

Applicant

National Examination Council of Tanzania

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (application for Prerogative Orders) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavits supporting the application are defective for lack of date and place in the jurat
  2. 2 Whether the application is incompetent for failure to comply with Order 1 Rule 8 of the Civil Procedure Code, 1966 regarding representative suits

Ratio Decidendi

The procedures for representative suits under Order 1 Rule 8 of the Civil Procedure Code do not apply to applications for prerogative orders, which are governed by a different statutory regime. The affidavit in question was properly dated and sworn as per court records. Therefore, the preliminary objections are dismissed.

Court Disposition

preliminary objections dismissed

Orders

  • Hearing of the application to proceed