rohsana y ismail vs fuad ismail said another 2007 tzhc 35 11 december 2007

The preliminary objections lack merit as allegations of fraud require proof by evidence and the pending Land Case is unrelated to the present application for revision.

Citation: rohsana y ismail vs fuad ismail said another 2007 tzhc 35 11 december 2007
Parties: Applicant: Rohsana Y. Ismail; 1st Respondent: Fuad Ismail Said; 2nd Respondent: National Housing Corporation
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 December 2007
Procedural Posture: Miscellaneous Civil Revision / Ruling on Preliminary Objection
Outcome: Preliminary objection dismissed
Legal Topics: Affidavit Validity, Preliminary Objection, Revision Proceedings
Source Language: English

Civil Procedure Affidavit Validity Preliminary Objection Revision Proceedings

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Parties

Rohsana Y. Ismail

Applicant

Fuad Ismail Said

1st Respondent

National Housing Corporation

2nd Respondent

Procedural Posture

Miscellaneous Civil Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether the affidavit supporting the application is tainted by fraud and not properly attested
2 Whether the application should be stayed pending determination of a related Land Case
3 Whether the preliminary objections raised are meritorious

Ratio Decidendi

The preliminary objections lack merit as allegations of fraud require proof by evidence and the pending Land Case is unrelated to the present application for revision.

Court Disposition

Preliminary objection dismissed

Orders

Applicant's application for revision to be set for hearing on 12/2/2008
Each party to bear own costs