mkama pastory vs tanzania revenue authority 2006 tzhc 207 21 september 2006

mkama pastory vs tanzania revenue authority 2006 tzhc 207 21 september 2006

Statements of legal arguments in the affidavit, if based on belief with stated grounds, are not contrary to Order XIX Rule 3 in interlocutory applications; the preliminary objections are dismissed as the grounds are either not sustained or relate to contested issues to be determined at hearing.

Citation
mkama pastory vs tanzania revenue authority 2006 tzhc 207 21 september 2006
Parties
Applicant: Mkama Pastory; Respondent: Tanzania Revenue Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Affidavit Defects, Joinder of Parties, Preliminary Objections, Employment Termination, Reinstatement Orders
Source Language
English
Labour Law Civil Procedure Affidavit Defects Joinder of Parties Preliminary Objections Employment Termination Reinstatement Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mkama Pastory

Applicant

Tanzania Revenue Authority

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for containing legal arguments
  2. 2 Whether the application canvasses contradictory and unjusticiable remedies
  3. 3 Whether the application seeks remedies not legally corresponding to the applicant's rights

Ratio Decidendi

Statements of legal arguments in the affidavit, if based on belief with stated grounds, are not contrary to Order XIX Rule 3 in interlocutory applications; the preliminary objections are dismissed as the grounds are either not sustained or relate to contested issues to be determined at hearing.

Court Disposition

Preliminary objections dismissed

Orders

  • Hearing of the application to continue