lega human right center vs the minister of health community development gender elderly children another 2023 tzca 17977 15 december 2023

lega human right center vs the minister of health community development gender elderly children another 2023 tzca 17977 15 december 2023

Once a preliminary objection on the competence of an affidavit has been dismissed, it is improper to entertain a second preliminary objection on the same point; verification of subparagraphs in an affidavit is not a strict legal requirement and depends on the circumstances.

Citation
lega human right center vs the minister of health community development gender elderly children another 2023 tzca 17977 15 december 2023
Parties
Appellant: Legal and Human Rights Centre; 1st Respondent: The Minister of Health, Community Development, Gender, Elderly and Children; 2nd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 December 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Affidavit Verification, Preliminary Objection, Judicial Discretion, Appealability of Orders
Source Language
English
Civil Procedure Judicial Review Affidavit Verification Preliminary Objection Judicial Discretion Appealability of Orders

Case Brief

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Parties

Legal and Human Rights Centre

Appellant

The Minister of Health, Community Development, Gender, Elderly and Children

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether, having earlier dismissed the preliminary objection on the competence of the supporting affidavit, it was open for the learned judge to reopen that inquiry.
  2. 2 Whether verification of a paragraph in an affidavit which has subparagraphs is not sufficient unless each of the subparagraphs are separately verified.

Ratio Decidendi

Once a preliminary objection on the competence of an affidavit has been dismissed, it is improper to entertain a second preliminary objection on the same point; verification of subparagraphs in an affidavit is not a strict legal requirement and depends on the circumstances.

Court Disposition

appeal allowed

Orders

  • Ruling and order of the High Court quashed
  • Record remitted to the High Court for hearing and determination on merit