20071211 TZHC Dar es Salaam

20071211 TZHC Dar es Salaam

Preliminary objections based on factual allegations of fraud and forgery cannot defeat the application without trial; pending proceedings in another court do not justify a stay as they are unrelated.

Citation
20071211 TZHC Dar es Salaam
Parties
Applicant: Rohsana Y. Ismail; Respondent: Fuad Ismail Said; 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, Fraud Allegations, Stay of Proceedings
Source Language
English
Civil Procedure Affidavit Validity Fraud Allegations Stay of Proceedings

Case Brief

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Parties

Rohsana Y. Ismail

Applicant

Fuad Ismail Said

Respondent

National Housing Corporation

Respondent

Procedural Posture

Miscellaneous Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is tainted with fraud
  2. 2 Whether the applicant was present to affirm the affidavit
  3. 3 Whether pending proceedings in Land Case No. 64 of 2004 warrant a stay

Ratio Decidendi

Preliminary objections based on factual allegations of fraud and forgery cannot defeat the application without trial; pending proceedings in another court do not justify a stay as they are unrelated.

Court Disposition

preliminary objection dismissed

Orders

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