mathias ndyuki others vs attorney general 2016 tzca 737 14 january 2016

mathias ndyuki others vs attorney general 2016 tzca 737 14 january 2016

The preliminary objection was struck out due to non-citation of an enabling provision of law, allowing the application to proceed on merits.

Citation
mathias ndyuki others vs attorney general 2016 tzca 737 14 january 2016
Parties
Applicant: Mathias Ndyuki and 15 Others; Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 January 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Procedural Orders
Outcome
Preliminary objection struck out; application to proceed on merits.
Legal Topics
Extension of Time, Review, Preliminary Objection, Written Submissions
Source Language
English

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Parties

Mathias Ndyuki and 15 Others

Applicant

Attorney General

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection and Procedural Orders

  1. 1 Whether the applicants' failure to file written submissions within sixty days warrants dismissal of the application
  2. 2 Whether the preliminary objection was properly raised

Ratio Decidendi

The preliminary objection was struck out due to non-citation of an enabling provision of law, allowing the application to proceed on merits.

Court Disposition

Preliminary objection struck out; application to proceed on merits.

Orders

  • Application to be fixed for hearing on merits at the earliest opportunity.