jasson mutagahywa kagisa vs helmelinda benedicto kahatano and another 2021 tzhc 3350 26 may 2021
The objections raised by the respondents were found to be without merit, as the application was properly before the court and the affidavit was not defective. The objections were frivolous and did not go to the root of the case.
- Citation
- jasson mutagahywa kagisa vs helmelinda benedicto kahatano and another 2021 tzhc 3350 26 may 2021
- Parties
- Applicant: Josson Mutagahywa Kagisa; 1st Respondent: Helmelinda Benedicto Kahatano; 2nd Respondent: Cyrus Simon Kagisa
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 May 2021
- Procedural Posture
- Civil Revision / Ruling on Preliminary Objections
- Outcome
- preliminary objections dismissed
- Legal Topics
- Revision, Preliminary Objections, Affidavit Defects, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Josson Mutagahywa Kagisa
Applicant
Helmelinda Benedicto Kahatano
1st Respondent
Cyrus Simon Kagisa
2nd Respondent
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application for revision was properly before the court
- 2 Whether the affidavit supporting the application was defective
- 3 Whether the application was omnibus and thus unmaintainable
Ratio Decidendi
The objections raised by the respondents were found to be without merit, as the application was properly before the court and the affidavit was not defective. The objections were frivolous and did not go to the root of the case.
Court Disposition
preliminary objections dismissed
Orders
- Application to proceed on merit
- No order as to costs
Full Case Text
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