dusdedit sylvanus malebo vs chief court administrator others 2018 tzhc 119 27 july 2018

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

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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

  1. 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. 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