hashim jongo 41 others vs attorney general another 2006 tzhc 58 4 august 2006

hashim jongo 41 others vs attorney general another 2006 tzhc 58 4 august 2006

The affidavit in support of the application is incurably defective for failing to state both the place and date in the jurat, as required by section 8 of Cap 12. This defect is fatal and renders the application incompetent. Additionally, the application is a representative proceeding and, lacking compliance with Order I Rule 8 CPC, is also incompetent.

Citation
hashim jongo 41 others vs attorney general another 2006 tzhc 58 4 august 2006
Parties
Applicant: Hashim Jongo and 41 Others; Respondent: Attorney General; Respondent: Tanzania Revenue Authority (T.R.A)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2006
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Validity, Representative Suits, Procedural Compliance, Prerogative Orders
Source Language
English
Civil Procedure Administrative Law Affidavit Validity Representative Suits Procedural Compliance Prerogative Orders

Case Brief

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Parties

Hashim Jongo and 41 Others

Applicant

Attorney General

Respondent

Tanzania Revenue Authority (T.R.A)

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for failure to state place and date in the jurat as required by law
  2. 2 Whether the application contravenes Order I Rule 8 of the Civil Procedure Code, 1966 regarding representative suits

Ratio Decidendi

The affidavit in support of the application is incurably defective for failing to state both the place and date in the jurat, as required by section 8 of Cap 12. This defect is fatal and renders the application incompetent. Additionally, the application is a representative proceeding and, lacking compliance with Order I Rule 8 CPC, is also incompetent.

Court Disposition

Application struck out with costs

Orders

  • Affidavit struck out as incurably defective
  • Application struck out as incompetent