dusdedit sylvanus malebo vs chief court administrator others 2018 tzhc 119 27 july 2018
Failure to comply with Rule 8(1)(a) by annexing a different statement renders the application incompetent and not curable by amendment at this stage.
- Citation
- dusdedit sylvanus malebo vs chief court administrator others 2018 tzhc 119 27 july 2018
- Parties
- Applicant: Dusdedit Sylvanus Malebo; 1st Respondent: The Chief Court Administrator; 2nd Respondent: The Judicial Service Commission; 3rd Respondent: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 July 2018
- Procedural Posture
- Miscellaneous Civil Cause (judicial Review) / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent
- Legal Topics
- Judicial Review, Procedural Compliance, Natural Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dusdedit Sylvanus Malebo
Applicant
The Chief Court Administrator
1st Respondent
The Judicial Service Commission
2nd Respondent
The Attorney General
3rd Respondent
Procedural Posture
Miscellaneous Civil Cause (judicial Review) / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to annex the correct statement as per Rule 8(1)(a) of the Judicial Review Procedure and Fees Rules, 2014 renders the application incompetent
- 2 Whether amendment of the statement at this stage is permissible
Ratio Decidendi
Failure to comply with Rule 8(1)(a) by annexing a different statement renders the application incompetent and not curable by amendment at this stage.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for failure to comply with Rule 8(1)(a) of the Rules
- Each party to bear own costs
Full Case Text
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