mathias ndyuki others vs attorney general 2016 tzca 207 14 january 2016

mathias ndyuki others vs attorney general 2016 tzca 207 14 january 2016

The preliminary objection was struck out as incompetent due to non-citation of the enabling provision of law. In the absence of a valid preliminary objection, the application is to proceed on its merits.

Citation
mathias ndyuki others vs attorney general 2016 tzca 207 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 in Application for Extension of Time to File Review
Outcome
Preliminary objection struck out; application to proceed on merits.
Legal Topics
Extension of Time, Preliminary Objection, Non Citation of Enabling Provision, Written Submissions
Source Language
English
Civil Procedure Extension of Time Preliminary Objection Non Citation of Enabling Provision Written Submissions

Case Brief

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Parties

Mathias Ndyuki and 15 Others

Applicant

Attorney General

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the application should be dismissed for failure to file written submissions within prescribed time under Rule 106(1)
  2. 2 Whether the preliminary objection raised by the respondent is competent without citation of enabling provision

Ratio Decidendi

The preliminary objection was struck out as incompetent due to non-citation of the enabling provision of law. In the absence of a valid preliminary objection, the application is to proceed on its merits.

Court Disposition

Preliminary objection struck out; application to proceed on merits.

Orders

  • Preliminary objection struck out for non-citation of enabling provision.
  • Application to be fixed for hearing on merits at the earliest opportunity.