zito zuberi kabwe mp vs board of trustees chama cha democrasia na maendeleo another 2014 tzhc 2360 3 january 2014

zito zuberi kabwe mp vs board of trustees chama cha democrasia na maendeleo another 2014 tzhc 2360 3 january 2014

The application was properly brought under section 2(2) of the Judicature and Application of Laws Act and section 95 of the Civil Procedure Code, as Cap. 33 does not provide specific provisions for the relief sought. The affidavit is not fatally defective; only paragraphs containing arguments and opinions were expunged. The jurisdictional issue is not a pure point of law and requires evidential proof. The preliminary objection is overruled.

Citation
zito zuberi kabwe mp vs board of trustees chama cha democrasia na maendeleo another 2014 tzhc 2360 3 january 2014
Parties
Applicant: Hon. Zito Zuberi Kabwe (MP); 1st Respondent: The Board of Trustees, Chama cha Democrasia na Maendeleo; 2nd Respondent: The General Secretary, Chama cha Democrasia na Maendeleo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 January 2014
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Temporary Injunction, Jurisdiction, Affidavit Defects, Wrong Citation of Law, Disciplinary Proceedings in Political Parties
Source Language
English
Civil Procedure Temporary Injunction Jurisdiction Affidavit Defects Wrong Citation of Law Disciplinary Proceedings in Political Parties

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Parties

Hon. Zito Zuberi Kabwe (MP)

Applicant

The Board of Trustees, Chama cha Democrasia na Maendeleo

1st Respondent

The General Secretary, Chama cha Democrasia na Maendeleo

2nd Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is defective due to wrong citation of law
  2. 2 Whether the supporting affidavit is fatally defective
  3. 3 Whether the court has jurisdiction over disciplinary proceedings of a political party

Ratio Decidendi

The application was properly brought under section 2(2) of the Judicature and Application of Laws Act and section 95 of the Civil Procedure Code, as Cap. 33 does not provide specific provisions for the relief sought. The affidavit is not fatally defective; only paragraphs containing arguments and opinions were expunged. The jurisdictional issue is not a pure point of law and requires evidential proof. The preliminary objection is overruled.

Court Disposition

preliminary objection overruled

Orders

  • paragraphs 25 and 27 of the affidavit expunged
  • application to proceed on merits