onesmo olengurumwa vs attorney general 2020 tzhc 4600 17 december 2020

onesmo olengurumwa vs attorney general 2020 tzhc 4600 17 december 2020

Strict compliance with Section 6 of BRADEA is mandatory for constitutional petitions; failure to include all required contents renders the petition incompetent and subject to being struck out. Affidavits supporting petitions must not contain legal arguments or extraneous matters; offending paragraphs may be expunged if the remainder is sufficient. The determination of whether a petition is frivolous or vexatious generally requires substantive hearing and cannot be decided at the preliminary stage unless it is a pure point of law.

Citation
onesmo olengurumwa vs attorney general 2020 tzhc 4600 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
Public Interest Litigation, Constitutional Remedies, Separation of Powers, Procedural Compliance, Affidavit Requirements
Source Language
English
Constitutional Law Civil Procedure Public Interest Litigation Constitutional Remedies Separation of Powers Procedural Compliance Affidavit Requirements

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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 complies with Section 6 of the Basic Rights and Duties Enforcement Act (BRADEA) and is therefore competent
  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, or offends Article 26(2) of the Constitution

Ratio Decidendi

Strict compliance with Section 6 of BRADEA is mandatory for constitutional petitions; failure to include all required contents renders the petition incompetent and subject to being struck out. Affidavits supporting petitions must not contain legal arguments or extraneous matters; offending paragraphs may be expunged if the remainder is sufficient. The determination of whether a petition is frivolous or vexatious generally requires substantive hearing and cannot be decided at the preliminary stage unless it is a pure point of law.

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