20181022 TZHC Dodoma

20181022 TZHC Dodoma

The affidavit supporting the application for temporary injunction was incurably defective for want of proper verification, as it did not comply with Order XIX Rule 3(1) of the Civil Procedure Code. Without a valid affidavit, the application lacked competent evidence and must be dismissed.

Citation
20181022 TZHC Dodoma
Parties
Applicant: Handa Village Council; 1st Respondent: The Principal Secretary, Ministry of Wildlife; 2nd Respondent: The Attorney General; 3rd Respondent: The Manager of Swagaswaga Game Reserve
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Temporary Injunction
Outcome
Application dismissed for want of competence
Legal Topics
Affidavit Verification, Temporary Injunction, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Verification Temporary Injunction Preliminary Objection

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Parties

Handa Village Council

Applicant

The Principal Secretary, Ministry of Wildlife

1st Respondent

The Attorney General

2nd Respondent

The Manager of Swagaswaga Game Reserve

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Temporary Injunction

Legal Issues

  1. 1 Whether the affidavit supporting the application for temporary injunction is properly verified
  2. 2 Whether the application for temporary injunction is competent before the court

Ratio Decidendi

The affidavit supporting the application for temporary injunction was incurably defective for want of proper verification, as it did not comply with Order XIX Rule 3(1) of the Civil Procedure Code. Without a valid affidavit, the application lacked competent evidence and must be dismissed.

Court Disposition

Application dismissed for want of competence

Orders

  • Application for temporary injunction dismissed
  • Parties to bear their own costs