19961230 TZCA Dar es Salaam 1

19961230 TZCA Dar es Salaam 1

The preliminary objection fails because the procedural irregularities alleged do not affect the substance of the application, and the affidavit's belief is based on the deponent's own understanding, not external information.

Citation
19961230 TZCA Dar es Salaam 1
Parties
Applicant: Hamoud Rashid Hamed; 1st Respondent: Tanzania Election Commission; 2nd Respondent: Director of Elections Zanzibar; 3rd Respondent: Returning Officer, District of Hageahtbi; 4th Respondent: Ali Abdalla Ali
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 December 1996
Procedural Posture
Civil Application / Preliminary Objection Ruling
Outcome
preliminary objection dismissed
Legal Topics
Leave to Appeal Out of Time, Affidavit Requirements, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Out of Time Affidavit Requirements Preliminary Objection

Case Brief

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Parties

Hamoud Rashid Hamed

Applicant

Tanzania Election Commission

1st Respondent

Director of Elections Zanzibar

2nd Respondent

Returning Officer, District of Hageahtbi

3rd Respondent

Ali Abdalla Ali

4th Respondent

Procedural Posture

Civil Application / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether failure to initiate application by notice of motion is fatal
  2. 2 Whether affidavit format and affirmation placement are fatal defects
  3. 3 Whether failure to disclose source of information in affidavit is fatal

Ratio Decidendi

The preliminary objection fails because the procedural irregularities alleged do not affect the substance of the application, and the affidavit's belief is based on the deponent's own understanding, not external information.

Court Disposition

preliminary objection dismissed

Orders

  • Application amended to include 'Notice of Motion' in the title
  • Application to proceed to hearing unless reference to full Court is contemplated