julius albert mwase vs hamis omary mose 2023 tzhc 20521 31 august 2023

The application is struck out for wrong citation of the enabling provision of law, which is a fatal defect that deprives the court of jurisdiction to grant the relief sought.

Citation: julius albert mwase vs hamis omary mose 2023 tzhc 20521 31 august 2023
Parties: Applicant: Julius Albert Mwase; Respondent: Hamis Omary Mose
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 August 2023
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome: Application struck out with costs
Legal Topics: Affidavit Defects, Jurisdiction, Wrong Citation of Law, Overriding Objective Principle
Source Language: English

Civil Procedure Affidavit Defects Jurisdiction Wrong Citation of Law Overriding Objective Principle

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Parties

Julius Albert Mwase

Applicant

Hamis Omary Mose

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the affidavit supporting the application is fatally defective for non-compliance with jurat requirements
2 Whether the application is incompetent for wrong citation of enabling provisions of law

Ratio Decidendi

The application is struck out for wrong citation of the enabling provision of law, which is a fatal defect that deprives the court of jurisdiction to grant the relief sought.

Court Disposition

Application struck out with costs

Orders

The application is struck out for wrong citation of enabling provision of law.
Applicant to pay costs.