salma said hamza vs kher said omary administrator of estate of late tatu hamza1another 2022 tzhc 14878 1 december 2022

salma said hamza vs kher said omary administrator of estate of late tatu hamza1another 2022 tzhc 14878 1 december 2022

Both limbs of the preliminary objection require ascertainment of facts and not pure points of law, thus are not sustainable at this stage. Defective affidavit paragraphs can be ignored, and there is no legal requirement to attach the ruling for an extension of time application.

Citation
salma said hamza vs kher said omary administrator of estate of late tatu hamza1another 2022 tzhc 14878 1 december 2022
Parties
Applicant: Salma Said Hamza; 1st Respondent: Kher Said Omary (Administrator of Estate of late Tatu Hamza); 2nd Respondent: Valence Emmanuel Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Extension of Time, Affidavit Defects, Preliminary Objection
Source Language
English
Civil Procedure Land Law Extension of Time Affidavit Defects Preliminary Objection

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Parties

Salma Said Hamza

Applicant

Kher Said Omary (Administrator of Estate of late Tatu Hamza)

1st Respondent

Valence Emmanuel Massawe

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is bad in law for being accompanied by a defective affidavit containing false information and failure to disclose source of information
  2. 2 Whether the application is bad in law for failure to attach the ruling on which extension of time is sought

Ratio Decidendi

Both limbs of the preliminary objection require ascertainment of facts and not pure points of law, thus are not sustainable at this stage. Defective affidavit paragraphs can be ignored, and there is no legal requirement to attach the ruling for an extension of time application.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Both limbs of the preliminary objection are dismissed with costs