asha seif others vs nada panga 2018 tzca 234 25 april 2018

asha seif others vs nada panga 2018 tzca 234 25 april 2018

The application was incompetent because the affidavit in support was affirmed by only one applicant without authority to represent the others, contrary to the requirements of the Court of Appeal Rules.

Citation
asha seif others vs nada panga 2018 tzca 234 25 april 2018
Parties
Applicant: Asha Seif; Applicant: Hemed Hussein; Applicant: Amiri Hamza; Respondent: Nada Panga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 April 2018
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
application struck out for incompetence
Legal Topics
Notice of Motion, Affidavit Requirements, Preliminary Objection, Service of Documents
Source Language
English
Civil Procedure Land Law Notice of Motion Affidavit Requirements Preliminary Objection Service of Documents

Case Brief

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Parties

Asha Seif

Applicant

Hemed Hussein

Applicant

Amiri Hamza

Applicant

Nada Panga

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve the notice of motion within 14 days renders the application incompetent
  2. 2 Whether an affidavit affirmed by only one applicant can support a joint application by multiple applicants

Ratio Decidendi

The application was incompetent because the affidavit in support was affirmed by only one applicant without authority to represent the others, contrary to the requirements of the Court of Appeal Rules.

Court Disposition

application struck out for incompetence

Orders

  • application struck out
  • each party to bear its own costs