20190628 TZHC Dar es Salaam

20190628 TZHC Dar es Salaam

The application was filed outside the statutory limitation period, was procedurally improper for not being by Memorandum of Review, and was supported by an incurably defective affidavit, rendering it incompetent and liable to dismissal with costs.

Citation
20190628 TZHC Dar es Salaam
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
Application for Review / Ruling on Preliminary Objections
Outcome
Application dismissed with costs
Legal Topics
Limitation of Actions, Review of Judgments, Affidavit Requirements
Source Language
English
Civil Procedure Limitation of Actions Review of Judgments Affidavit Requirements

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Parties

Alex Maganga

Applicant

Attorney General

1st Respondent

Commissioner for Lands

2nd Respondent

Ibrahim Mussa Kembaro

3rd Respondent

Procedural Posture

Application for Review / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for review was time-barred under the Law of Limitation Act
  2. 2 Whether the application was incompetent for failure to file a Memorandum of Review as required by the Civil Procedure Code
  3. 3 Whether the affidavit in support of the application was incurably defective

Ratio Decidendi

The application was filed outside the statutory limitation period, was procedurally improper for not being by Memorandum of Review, and was 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