alexnder j barunguza vs law school of tanzania two others 2023 tzhc 19419 9 may 2023

alexnder j barunguza vs law school of tanzania two others 2023 tzhc 19419 9 may 2023

The preliminary objections raised by the petitioner lack substance as the deponent is a principal officer authorized to verify pleadings, the affidavit does not contain prohibited extraneous matters, the verification clause is sufficient given the deponent's position, and any alleged contradictions or untruths are matters of evidence, not preliminary objection. The procedural rules do not preclude the petitioner from raising preliminary objections, but the objections themselves are meritless.

Citation
alexnder j barunguza vs law school of tanzania two others 2023 tzhc 19419 9 may 2023
Parties
Petitioner: Alexander J. Barunguza; 1st Respondent: Law School of Tanzania; 2nd Respondent: Hon. Judge Dr. Benhajj Shaaban Masoud; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 2023
Procedural Posture
Misc. Civil Cause / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled
Legal Topics
Affidavit Defects, Pleadings Verification, Authority to Depose, Extraneous Matters in Affidavits, Student Status Determination
Source Language
English
Civil Procedure Constitutional Law Administrative Law Affidavit Defects Pleadings Verification Authority to Depose Extraneous Matters in Affidavits Student Status Determination

Case Brief

Summary, issues, holding and outcome

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Parties

Alexander J. Barunguza

Petitioner

Law School of Tanzania

1st Respondent

Hon. Judge Dr. Benhajj Shaaban Masoud

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Misc. Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the respondents' reply and joint counter affidavit are defective for being signed and verified by an unauthorized person
  2. 2 Whether the joint counter affidavit contains arguments, contradictions, hearsays, opinions and extraneous matters contrary to procedural rules
  3. 3 Whether the verification clause in the affidavit complies with Order VI, rule 15(2) of the CPC

Ratio Decidendi

The preliminary objections raised by the petitioner lack substance as the deponent is a principal officer authorized to verify pleadings, the affidavit does not contain prohibited extraneous matters, the verification clause is sufficient given the deponent's position, and any alleged contradictions or untruths are matters of evidence, not preliminary objection. The procedural rules do not preclude the petitioner from raising preliminary objections, but the objections themselves are meritless.

Court Disposition

Preliminary objections overruled

Orders

  • Preliminary objections dismissed in their entirety