said sultan ngalema others vs isaack boaz ngiwanishi others 2022 tzca 684 4 november 2022

said sultan ngalema others vs isaack boaz ngiwanishi others 2022 tzca 684 4 november 2022

The affidavit in support of the application failed to specify which essential steps the first respondent did not take, leaving the Court to speculate. Submissions from counsel cannot supplement affidavit evidence. The application is devoid of merit and must be dismissed.

Citation
said sultan ngalema others vs isaack boaz ngiwanishi others 2022 tzca 684 4 november 2022
Parties
Applicant: Said Sultan Ngalema; 1st Respondent: Isack Boaz Ng'iwanishi; 2nd Respondent: Clement Godfray Mallya; 3rd Respondent: Vicent Donald; 4th Respondent: Permanent Secretary, Ministry of Natural Resources & Tourism; 5th Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 2022
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application dismissed
Legal Topics
Striking Out Notice of Appeal, Affidavit Requirements, Essential Steps in Appeal Proceedings
Source Language
English
Civil Procedure Striking Out Notice of Appeal Affidavit Requirements Essential Steps in Appeal Proceedings

Case Brief

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Parties

Said Sultan Ngalema

Applicant

Isack Boaz Ng'iwanishi

1st Respondent

Clement Godfray Mallya

2nd Respondent

Vicent Donald

3rd Respondent

Permanent Secretary, Ministry of Natural Resources & Tourism

4th Respondent

Attorney General

5th Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the affidavit in support of the application sufficiently specifies essential steps not taken by the respondent
  2. 2 Whether the application to strike out the notice of appeal is meritorious

Ratio Decidendi

The affidavit in support of the application failed to specify which essential steps the first respondent did not take, leaving the Court to speculate. Submissions from counsel cannot supplement affidavit evidence. The application is devoid of merit and must be dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs