mariam abdallah vs adolph mwakanyuki 2021 tzhclandd 6700 25 november 2021

mariam abdallah vs adolph mwakanyuki 2021 tzhclandd 6700 25 november 2021

The affidavit contained untrue statements regarding the nature of the appeal and improperly combined prayers for leave and certificate on point of law, making the application omnibus and defective; thus, the preliminary objections were upheld and the application struck out with costs.

Citation
mariam abdallah vs adolph mwakanyuki 2021 tzhclandd 6700 25 november 2021
Parties
Applicant: Marian Abdallah; Respondent: Adolph Mwakanyuki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 November 2021
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Omnibus Applications, Leave to Appeal, Certificate on Point of Law
Source Language
English
Civil Procedure Land Law Affidavit Defects Omnibus Applications Leave to Appeal Certificate on Point of Law

Case Brief

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Parties

Marian Abdallah

Applicant

Adolph Mwakanyuki

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective for being drawn and attested by the same advocate
  2. 2 Whether the affidavit contains untrue facts contrary to procedural law
  3. 3 Whether the application is omnibus for containing unrelated prayers

Ratio Decidendi

The affidavit contained untrue statements regarding the nature of the appeal and improperly combined prayers for leave and certificate on point of law, making the application omnibus and defective; thus, the preliminary objections were upheld and the application struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.