20060410 TZHC Arusha

20060410 TZHC Arusha

The application is incompetent as it was brought under the Civil Procedure Code, which does not apply to matters originating from primary courts, and the supporting affidavit is incurably defective for failing to state the place of verification.

Citation
20060410 TZHC Arusha
Parties
Applicant: Marco Joseph; Respondent: Elizabeth Meena
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 April 2006
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent with costs to the respondent.
Legal Topics
Application of Civil Procedure Code to Matters From Primary Courts, Defective Affidavit Verification
Source Language
English
Civil Procedure Application of Civil Procedure Code to Matters From Primary Courts Defective Affidavit Verification

Case Brief

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Parties

Marco Joseph

Applicant

Elizabeth Meena

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether Civil Procedure Code, 1966 applies to matters originating from primary courts
  2. 2 Whether the affidavit supporting the application is properly verified

Ratio Decidendi

The application is incompetent as it was brought under the Civil Procedure Code, which does not apply to matters originating from primary courts, and the supporting affidavit is incurably defective for failing to state the place of verification.

Court Disposition

Application struck out as incompetent with costs to the respondent.

Orders

  • Application struck out in its entirety
  • Costs awarded to respondent