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
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Parties
Mathias Ndyuki and 15 Others
Applicant
Attorney General
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Procedural Orders
Legal Issues
- 1 Whether the applicants' failure to file written submissions within sixty days warrants dismissal of the application
- 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.
Full Case Text
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