mwl ezekiah tom oluoch vs katibu mkuu kiongozi mwanasheria mkuu wa serikali 2022 tzhc 13282 30 september 2022

mwl ezekiah tom oluoch vs katibu mkuu kiongozi mwanasheria mkuu wa serikali 2022 tzhc 13282 30 september 2022

The applicant violated Rule 8(1) by including numerous new paragraphs in the main application not present in the leave application; however, instead of striking out the application, the applicant is granted leave to amend the affidavit and statement within seven days to conform to what was presented for leave, ensuring substantive justice.

Citation
mwl ezekiah tom oluoch vs katibu mkuu kiongozi mwanasheria mkuu wa serikali 2022 tzhc 13282 30 september 2022
Parties
Applicant: Mwl. Ezekiah Tom Oluoch; 1st Respondent: Katibu Mkuu Kiongozi; 2nd Respondent: Mwanasheria Mkuu wa Serikali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection upheld; application not struck out but amendment allowed.
Legal Topics
Judicial Review, Affidavit Amendment, Preliminary Objection
Source Language
English
Administrative Law Civil Procedure Judicial Review Affidavit Amendment Preliminary Objection

Case Brief

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Parties

Mwl. Ezekiah Tom Oluoch

Applicant

Katibu Mkuu Kiongozi

1st Respondent

Mwanasheria Mkuu wa Serikali

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's main application violated Rule 8(1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Judicial Review Procedure and Fees Rules, 2014 by including new paragraphs not present in the leave application
  2. 2 Whether the preliminary objection raised qualifies as a pure point of law

Ratio Decidendi

The applicant violated Rule 8(1) by including numerous new paragraphs in the main application not present in the leave application; however, instead of striking out the application, the applicant is granted leave to amend the affidavit and statement within seven days to conform to what was presented for leave, ensuring substantive justice.

Court Disposition

Preliminary objection upheld; application not struck out but amendment allowed.

Orders

  • Applicant to file amended affidavit and statement within seven days from the date of ruling.
  • Each party to bear its own costs.