fredrick anthony mboma vs serikali ya mtaa kibangu others 2023 tzhc 20325 11 august 2023

fredrick anthony mboma vs serikali ya mtaa kibangu others 2023 tzhc 20325 11 august 2023

The application was struck out because the supporting affidavit contained legal arguments, issues, opinions, and conclusions, rendering it incurably defective and leaving no factual basis to support the application after expunging the offending paragraphs.

Citation
fredrick anthony mboma vs serikali ya mtaa kibangu others 2023 tzhc 20325 11 august 2023
Parties
Applicant: Fredrick Anthony Mboma; 1st Respondent: Serikali ya Mtaa Kibangu; 2nd Respondent: Ubungo Municipal Council; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out for incompetence due to defective affidavit.
Legal Topics
Affidavit Defects, Leave to Appeal, Preliminary Objections
Source Language
English
Civil Procedure Affidavit Defects Leave to Appeal Preliminary Objections

Case Brief

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Parties

Fredrick Anthony Mboma

Applicant

Serikali ya Mtaa Kibangu

1st Respondent

Ubungo Municipal Council

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for containing legal arguments, opinions, conclusions, issues and law
  2. 2 Whether the application can survive after expunging defective paragraphs from the affidavit

Ratio Decidendi

The application was struck out because the supporting affidavit contained legal arguments, issues, opinions, and conclusions, rendering it incurably defective and leaving no factual basis to support the application after expunging the offending paragraphs.

Court Disposition

Application struck out for incompetence due to defective affidavit.

Orders

  • Application struck out.
  • Each party to bear its own costs.