tanzania epilepsy organisation vs attorney general 2022 tzhc 10423 23 june 2022

tanzania epilepsy organisation vs attorney general 2022 tzhc 10423 23 june 2022

The petitioner, being a legal person, is not personally affected by Section 39(a)(ii) of the Law of Marriage Act and thus lacks locus standi under Article 30(3) of the Constitution. The supporting affidavit is incurably defective as it contains opinions and arguments, not facts within the deponent's knowledge, violating Order XIX rule 3(1) of the Civil Procedure Code. Both preliminary objections are sustained.

Citation
tanzania epilepsy organisation vs attorney general 2022 tzhc 10423 23 june 2022
Parties
Petitioner: Tanzania Epilepsy Organisation; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2022
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Petition struck out
Legal Topics
Locus Standi, Defective Affidavit, Discrimination, Marriage Law
Source Language
English
Constitutional Law Civil Procedure Locus Standi Defective Affidavit Discrimination Marriage Law

Case Brief

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Parties

Tanzania Epilepsy Organisation

Petitioner

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petitioner has locus standi to file the petition
  2. 2 Whether the supporting affidavit is incurably defective

Ratio Decidendi

The petitioner, being a legal person, is not personally affected by Section 39(a)(ii) of the Law of Marriage Act and thus lacks locus standi under Article 30(3) of the Constitution. The supporting affidavit is incurably defective as it contains opinions and arguments, not facts within the deponent's knowledge, violating Order XIX rule 3(1) of the Civil Procedure Code. Both preliminary objections are sustained.

Court Disposition

Petition struck out

Orders

  • Petition struck out for lack of locus standi and defective affidavit
  • No order as to costs