bisso jackson ntepa vs fadhili bakula others 2009 tzhc 245 30 april 2009
The incorporation of a notice of preliminary objection within the counter affidavit was improper and rendered those paragraphs defective, but the remainder of the affidavit was valid and should be retained.
- Citation
- bisso jackson ntepa vs fadhili bakula others 2009 tzhc 245 30 april 2009
- Parties
- Applicant: Dorah Tito Lukuwi; Respondent: Administrator General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2009
- Procedural Posture
- Probate and Administration Application / Ruling on Preliminary Objection Regarding Counter Affidavit
- Outcome
- Preliminary objection partly allowed
- Legal Topics
- Affidavit Requirements, Preliminary Objections, Revocation of Administrator
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dorah Tito Lukuwi
Applicant
Administrator General
Respondent
Procedural Posture
Probate and Administration Application / Ruling on Preliminary Objection Regarding Counter Affidavit
Legal Issues
- 1 Whether the counter affidavit improperly incorporated a notice of preliminary objection and should be struck out
Ratio Decidendi
The incorporation of a notice of preliminary objection within the counter affidavit was improper and rendered those paragraphs defective, but the remainder of the affidavit was valid and should be retained.
Court Disposition
Preliminary objection partly allowed
Orders
- Paragraphs 1 and 2 of the counter affidavit are struck out; the rest of the affidavit is retained; application to proceed to hearing on 27/9/2006; no order as to costs.
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