khalid simba vs lhmaleko 2021 tzhclandd 219 10 may 2021

khalid simba vs lhmaleko 2021 tzhclandd 219 10 may 2021

The applicant's affidavit contains substantive defects by including prayers, legal arguments, and conclusions, contrary to Order XIX Rule 3(1) of the CPC and established case law. These defects are not minor and render the affidavit incurably defective, making the application incompetent and liable to be struck out.

Citation
khalid simba vs lhmaleko 2021 tzhclandd 219 10 may 2021
Parties
Applicant: Khalid Simba; Respondent: L.H. Maleko
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 May 2021
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Preliminary Objections, Revision Vs. Appeal, Extension of Time
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objections Revision Vs. Appeal Extension of Time

Case Brief

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Parties

Khalid Simba

Applicant

L.H. Maleko

Respondent

Procedural Posture

Misc. Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for containing prayers, legal arguments, and conclusions
  2. 2 Whether the application is maintainable given the applicant's right to appeal

Ratio Decidendi

The applicant's affidavit contains substantive defects by including prayers, legal arguments, and conclusions, contrary to Order XIX Rule 3(1) of the CPC and established case law. These defects are not minor and render the affidavit incurably defective, making the application incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out for being incompetent
  • No order as to costs due to applicant's legal aid status