halima james mdee 18 others vs the registered trustees of chama cha demokrasia na maendeleo 2 others 2023 tzhc 15972 9 march 2023

halima james mdee 18 others vs the registered trustees of chama cha demokrasia na maendeleo 2 others 2023 tzhc 15972 9 march 2023

A party cannot controvert factual averments in an affidavit or counter affidavit except by filing a counter affidavit or affidavit in reply. Failure to do so precludes the party from challenging matters of fact and limits them to legal arguments only.

Citation
halima james mdee 18 others vs the registered trustees of chama cha demokrasia na maendeleo 2 others 2023 tzhc 15972 9 march 2023
Parties
Applicant: Halima James Mdee and 18 Others; 1st Respondent: The Registered Trustees of Chama Cha Demokrasia na Maendeleo (CHADEMA); 2nd Respondent: National Electoral Commission; 3rd Respondent: The Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 March 2023
Procedural Posture
Judicial Review Application / Interlocutory Ruling on Cross Examination and Admissibility of Factual Challenges
Outcome
Partly allowed
Legal Topics
Affidavit Evidence, Judicial Review, Cross Examination, Procedural Law
Source Language
English
Administrative Law Civil Procedure Affidavit Evidence Judicial Review Cross Examination Procedural Law

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Parties

Halima James Mdee and 18 Others

Applicant

The Registered Trustees of Chama Cha Demokrasia na Maendeleo (CHADEMA)

1st Respondent

National Electoral Commission

2nd Respondent

The Honourable Attorney General

3rd Respondent

Procedural Posture

Judicial Review Application / Interlocutory Ruling on Cross Examination and Admissibility of Factual Challenges

Legal Issues

  1. 1 Whether a respondent can controvert factual averments in a co-respondent's affidavit by means other than filing a counter affidavit or affidavit in reply.

Ratio Decidendi

A party cannot controvert factual averments in an affidavit or counter affidavit except by filing a counter affidavit or affidavit in reply. Failure to do so precludes the party from challenging matters of fact and limits them to legal arguments only.

Court Disposition

Partly allowed

Orders

  • 2nd and 3rd respondents are permitted to cross-examine the deponents of the 1st respondent's counter affidavit only on matters of law, not on matters of fact.