samaria village council vs patrick mwalongo others 2017 tzhc 2176 8 february 2017

samaria village council vs patrick mwalongo others 2017 tzhc 2176 8 february 2017

The affidavit in support of the application is incurably defective for containing legal arguments, conclusions, legal opinion and grounds of appeal contrary to Order XIX Rule 3(1) of the Civil Procedure Code, and the defect is substantive such that the affidavit cannot be saved by expunging the offending paragraph.

Citation
samaria village council vs patrick mwalongo others 2017 tzhc 2176 8 february 2017
Parties
Applicant: Samaria Village Council; Respondents: Patrick Mwalongo & Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2017
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Affidavit Defects, Preliminary Objection, Leave to Appeal, Order XIX Rule 3(1) CPC
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objection Leave to Appeal Order XIX Rule 3(1) CPC

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Parties

Samaria Village Council

Applicant

Patrick Mwalongo & Others

Respondents

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective for containing legal arguments, conclusions, legal opinion and grounds of appeal contrary to Order XIX Rule 3(1) of the Civil Procedure Code

Ratio Decidendi

The affidavit in support of the application is incurably defective for containing legal arguments, conclusions, legal opinion and grounds of appeal contrary to Order XIX Rule 3(1) of the Civil Procedure Code, and the defect is substantive such that the affidavit cannot be saved by expunging the offending paragraph.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs