CIVIL APPLICATION NO

CIVIL APPLICATION NO

The affidavit in support of the application contained extraneous matters and, after expunging the offensive paragraphs, nothing substantive remained to support the notice of motion. The application was thus incurably defective and had to be struck out.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Said Omari Mamba; 1st Respondent: The Honorable Attorney General; 2nd Respondent: Permanent Secretary Ministry of Education Science and Technology; 3rd Respondent: O.P. Mhaiki; 4th Respondent: Mrs. E.G. Ntukamazina; 5th Respondent: Mapfa L. L.; 6th Respondent: S. M. Nyimbi; 7th Respondent: H. A. Katanga; 8th Respondent: M. O. Abdallah
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Extension of Time, Preliminary Objection, Notice of Appeal
Source Language
English
Civil Procedure Labour Law Affidavit Defects Extension of Time Preliminary Objection Notice of Appeal

Case Brief

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Parties

Said Omari Mamba

Applicant

The Honorable Attorney General

1st Respondent

Permanent Secretary Ministry of Education Science and Technology

2nd Respondent

O.P. Mhaiki

3rd Respondent

Mrs. E.G. Ntukamazina

4th Respondent

Mapfa L. L.

5th Respondent

S. M. Nyimbi

6th Respondent

H. A. Katanga

7th Respondent

M. O. Abdallah

8th Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection and Application for Extension of Time

Legal Issues

  1. 1 Whether the supporting affidavit was incurably defective for containing extraneous matters
  2. 2 Whether the application for extension of time could be sustained after expunging offensive affidavit paragraphs

Ratio Decidendi

The affidavit in support of the application contained extraneous matters and, after expunging the offensive paragraphs, nothing substantive remained to support the notice of motion. The application was thus incurably defective and had to be struck out.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs