onesmo olengurumwa vs attorney general 2020 tzhc 4555 17 december 2020

onesmo olengurumwa vs attorney general 2020 tzhc 4555 17 december 2020

Non-compliance with the mandatory content requirements of Section 6 of the Basic Rights and Duties Enforcement Act renders a constitutional petition incompetent and subject to being struck out. Defective paragraphs in an affidavit may be expunged, but if the petition itself is fundamentally non-compliant, the defect is fatal.

Citation
onesmo olengurumwa vs attorney general 2020 tzhc 4555 17 december 2020
Parties
Petitioner: Onesmo Olengurumwa; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 2020
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections
Outcome
Petition struck out
Legal Topics
Constitutionality of Statutory Provisions, Procedural Requirements for Constitutional Petitions, Affidavit Requirements, Preliminary Objections, Access to Justice
Source Language
English
Constitutional Law Civil Procedure Constitutionality of Statutory Provisions Procedural Requirements for Constitutional Petitions Affidavit Requirements Preliminary Objections Access to Justice

Case Brief

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Parties

Onesmo Olengurumwa

Petitioner

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Petition is incompetent for non-compliance with Section 6 of the Basic Rights and Duties Enforcement Act (BRADEA)
  2. 2 Whether the supporting affidavit is incurably defective for containing extraneous matters contrary to Order XIX Rule 3 of the Civil Procedure Code
  3. 3 Whether the Petition is frivolous, vexatious, and offends Article 26(2) of the Constitution

Ratio Decidendi

Non-compliance with the mandatory content requirements of Section 6 of the Basic Rights and Duties Enforcement Act renders a constitutional petition incompetent and subject to being struck out. Defective paragraphs in an affidavit may be expunged, but if the petition itself is fundamentally non-compliant, the defect is fatal.

Court Disposition

Petition struck out

Orders

  • Petition struck out for non-compliance with Section 6 of BRADEA
  • Paragraphs 4 and 7 of the supporting affidavit expunged for containing extraneous matters