20141120 TZHC Dodoma
The application was incompetent due to being brought under a non-existent provision (Order XXXVII rule (a)), which is a fatal defect warranting striking out the application.
- Citation
- 20141120 TZHC Dodoma
- Parties
- Applicant: Issa Mzuri; Respondent: Isambula Sonyo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 November 2014
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objections
- Outcome
- Application struck out with costs
- Legal Topics
- Temporary Injunctions, Preliminary Objections, Affidavit Requirements, Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Parties
Issa Mzuri
Applicant
Isambula Sonyo
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application is incompetent for wrong citation of law
- 2 Whether the affidavit is defective for containing prayers
- 3 Whether the application fails to show its origin
Ratio Decidendi
The application was incompetent due to being brought under a non-existent provision (Order XXXVII rule (a)), which is a fatal defect warranting striking out the application.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
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