malagila shimba and another vs the registrar of societies and others 2020 tzhc 3365 2 october 2020

malagila shimba and another vs the registrar of societies and others 2020 tzhc 3365 2 october 2020

The applicants failed to account for the entire period of delay and did not demonstrate that the alleged illegality was apparent on the face of the record or of sufficient importance. The affidavit defect was a curable slip, but no sufficient reason for extension of time was established.

Citation
malagila shimba and another vs the registrar of societies and others 2020 tzhc 3365 2 october 2020
Parties
1st Applicant: Malagila Shimba; 2nd Applicant: The Registered Trustees of Tanzania Legion & Clubs; 1st Respondent: The Registrar of Societies; 2nd Respondent: Administrator General; 3rd Respondent: Permanent Secretary, Ministry of Home Affairs; 4th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Judicial Review, Locus Standi, Affidavit Defects, Illegality as Ground for Extension
Source Language
English
Civil Procedure Administrative Law Extension of Time Judicial Review Locus Standi Affidavit Defects Illegality as Ground for Extension

Case Brief

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Parties

Malagila Shimba

1st Applicant

The Registered Trustees of Tanzania Legion & Clubs

2nd Applicant

The Registrar of Societies

1st Respondent

Administrator General

2nd Respondent

Permanent Secretary, Ministry of Home Affairs

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the affidavit in support of the application was incurably defective
  2. 2 Whether the applicants had locus standi
  3. 3 Whether sufficient reasons were advanced for extension of time to apply for prerogative orders, particularly on grounds of illegality

Ratio Decidendi

The applicants failed to account for the entire period of delay and did not demonstrate that the alleged illegality was apparent on the face of the record or of sufficient importance. The affidavit defect was a curable slip, but no sufficient reason for extension of time was established.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs