20171023 TZHC Dar es Salaam

20171023 TZHC Dar es Salaam

The preliminary objections were dismissed because the restriction in Order XXXVII rule 2 of the Civil Procedure Code does not apply to prerogative orders, the affidavit was not defective for lack of the attesting officer's name under the applicable law at the time, and the affidavit did not improperly contain arguments.

Citation
20171023 TZHC Dar es Salaam
Parties
Applicant: Mulilenge Mukobamyondi Kameka; 1st Respondent: The Director of Immigration Services; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2017
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Prerogative Orders, Interim Injunctions Against Government, Affidavit Formalities, Jurisdiction of High Court
Source Language
English
Civil Procedure Administrative Law Immigration Law Prerogative Orders Interim Injunctions Against Government Affidavit Formalities Jurisdiction of High Court

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Parties

Mulilenge Mukobamyondi Kameka

Applicant

The Director of Immigration Services

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is defective for seeking interim injunction against the Government contrary to Order XXXVII rule 2 of the Civil Procedure Code
  2. 2 Whether the affidavit is defective for not bearing the name of the attesting officer
  3. 3 Whether the affidavit is defective for containing arguments

Ratio Decidendi

The preliminary objections were dismissed because the restriction in Order XXXVII rule 2 of the Civil Procedure Code does not apply to prerogative orders, the affidavit was not defective for lack of the attesting officer's name under the applicable law at the time, and the affidavit did not improperly contain arguments.

Court Disposition

Preliminary objections dismissed

Orders

  • Substantive application for injunction and leave to apply for prerogative orders to be heard
  • No order as to costs