charles rubaka vs minister for labour others 2007 tzhc 241 26 july 2007
The affidavit supporting the application is incurably defective for failing to state the place where it was sworn, contrary to mandatory statutory requirements; the defect is fatal and the application must be struck out.
- Citation
- charles rubaka vs minister for labour others 2007 tzhc 241 26 july 2007
- Parties
- Applicant: Charles Rubaka; Respondent: Minister for Labour; Respondent: Attorney General; Respondent: Director General, Tanzania Posts Corporation
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 July 2007
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Affidavit Defects, Preliminary Objection, Certiorari, Mandamus
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Rubaka
Applicant
Minister for Labour
Respondent
Attorney General
Respondent
Director General, Tanzania Posts Corporation
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the applicant's affidavit is incurably defective for failing to state the place where it was sworn as required by law
- 2 Whether a preliminary objection on affidavit defects can be raised at this stage
Ratio Decidendi
The affidavit supporting the application is incurably defective for failing to state the place where it was sworn, contrary to mandatory statutory requirements; the defect is fatal and the application must be struck out.
Court Disposition
Application struck out with costs
Orders
- Application struck out with costs
Full Case Text
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