rev benson john kitonka vs amina n makilagi the district commissioner of nyamagana another 2024 tzhc 163 5 february 2024

The application is struck out because the 1st respondent was wrongly sued in her personal capacity instead of the proper legal entity; amendment is not permitted after a preliminary objection is raised.

Source-derived case information.

Citation: rev benson john kitonka vs amina n makilagi the district commissioner of nyamagana another 2024 tzhc 163 5 february 2024
Parties: Applicant: Rev. Benson John Kitonka; 1st Respondent: Amina N. Makilagi @ The District Commissioner of Nyamagana; 2nd Respondent: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 February 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome: Application struck out
Legal Topics: Proper Party to Sue, Compliance With Court Orders, Amendment of Pleadings, Affidavit Requirements
Source Language: english

Civil Procedure Administrative Law Proper Party to Sue Compliance With Court Orders Amendment of Pleadings Affidavit Requirements

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2

Parties

Rev. Benson John Kitonka

Applicant

Amina N. Makilagi @ The District Commissioner of Nyamagana

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the 1st respondent was properly sued
2 Whether the application is supported by affidavit as required by law

Ratio Decidendi

Court Disposition

Application struck out

Orders

Application struck out
Parties to bear their own costs

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