odero charles odero vs the minister for finance and planning and anoher 2021 tzhc 6311 8 september 2021

odero charles odero vs the minister for finance and planning and anoher 2021 tzhc 6311 8 september 2021

The affidavit supporting the application was defective as it contained hearsay, conclusions, opinions, and information from the applicant's advocate, who was also acting as a source. After expunging the defective paragraphs, the remaining affidavit could not support the application, rendering it incompetent and...

Source-derived case information.

Citation
odero charles odero vs the minister for finance and planning and anoher 2021 tzhc 6311 8 september 2021
Parties
Applicant: Odero Charles Odero; 1st Respondent: Minister for Finance and Planning; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 September 2021
Procedural Posture
Judicial Review Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Judicial Review, Affidavit Requirements, Preliminary Objection, Standing (locus Standi)
Source Language
english
Administrative Law Constitutional Law Judicial Review Affidavit Requirements Preliminary Objection Standing (locus Standi)

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Parties

Odero Charles Odero

Applicant

Minister for Finance and Planning

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Judicial Review Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective for containing hearsay, conclusions, opinions, and for being drawn by the applicant's advocate who is also a source of information.
  2. 2 Whether the application can stand after expunging the defective paragraphs from the affidavit.

Ratio Decidendi

The affidavit supporting the application was defective as it contained hearsay, conclusions, opinions, and information from the applicant's advocate, who was also acting as a source. After expunging the defective paragraphs, the remaining affidavit could not support the application, rendering it incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application for leave is struck out
  • No order as to costs