20170917 TZCA Dar es Salaam 1

20170917 TZCA Dar es Salaam 1

Preliminary objections regarding locus standi and prematurity raise substantive issues to be determined in the intended revision application, not at the extension of time stage. The absence of the Deputy Registrar's signature on the affidavit does not render it incurably defective, as such endorsement is not a legal requirement for affidavit validity.

Citation
20170917 TZCA Dar es Salaam 1
Parties
Applicant: Isawakwe Iduwandumi Ng'unda; 1st Respondent: Jenifer Danister; 2nd Respondent: Danister Isakwase
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 September 2017
Procedural Posture
Civil Application / Ruling on Preliminary Objections in Application for Extension of Time
Outcome
preliminary objections dismissed
Legal Topics
Extension of Time, Preliminary Objection, Locus Standi, Affidavit Validity
Source Language
English
Civil Procedure Family Law Extension of Time Preliminary Objection Locus Standi Affidavit Validity

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Parties

Isawakwe Iduwandumi Ng'unda

Applicant

Jenifer Danister

1st Respondent

Danister Isakwase

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objections in Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has locus standi to seek extension of time for revision
  2. 2 Whether the supporting affidavit is incurably defective for lack of Deputy Registrar's signature
  3. 3 Whether the application is premature due to non-exhaustion of alternative remedies

Ratio Decidendi

Preliminary objections regarding locus standi and prematurity raise substantive issues to be determined in the intended revision application, not at the extension of time stage. The absence of the Deputy Registrar's signature on the affidavit does not render it incurably defective, as such endorsement is not a legal requirement for affidavit validity.

Court Disposition

preliminary objections dismissed

Orders

  • Points of preliminary objection dismissed with costs.