lukuwi vs administrator general 2006 tzhc 29 29 june 2006

lukuwi vs administrator general 2006 tzhc 29 29 june 2006

The court held that incorporating a notice of preliminary objection in a counter affidavit is improper and those paragraphs should be struck out, but the rest of the affidavit stands. The suit was dismissed for repeated non-appearance of the plaintiff.

Citation
lukuwi vs administrator general 2006 tzhc 29 29 june 2006
Parties
Plaintiff: Rev. Bisso Jackson Ntepa; Respondents: Fadhili Bakula and Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2006
Procedural Posture
Probate and Administration / Ruling on Preliminary Objection and Dismissal for Non Appearance
Outcome
Suit dismissed for non-appearance; preliminary objection partly allowed; no order as to costs on preliminary objection.
Legal Topics
Affidavit Defects, Preliminary Objection, Non Appearance, Dismissal of Suit
Source Language
English
Civil Procedure Probate and Administration Affidavit Defects Preliminary Objection Non Appearance Dismissal of Suit

Case Brief

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Parties

Rev. Bisso Jackson Ntepa

Plaintiff

Fadhili Bakula and Others

Respondents

Procedural Posture

Probate and Administration / Ruling on Preliminary Objection and Dismissal for Non Appearance

Legal Issues

  1. 1 Whether the counter affidavit by the Administrator General contained matters which cannot be deponed and should be struck out
  2. 2 Whether the suit should be dismissed for non-appearance of the plaintiff

Ratio Decidendi

The court held that incorporating a notice of preliminary objection in a counter affidavit is improper and those paragraphs should be struck out, but the rest of the affidavit stands. The suit was dismissed for repeated non-appearance of the plaintiff.

Court Disposition

Suit dismissed for non-appearance; preliminary objection partly allowed; no order as to costs on preliminary objection.

Orders

  • Paragraphs 1 and 2 of the counter affidavit struck out; rest retained.
  • Suit dismissed under Order 27 Rule 2 and Order 9 Rule 3 of the Civil Procedure Code, Cap 33 RE 2002, with costs.