sarah tumvile kaponola vs abla meshack nsuhuzwa and 1 another 2020 tzhc 4612 17 december 2020

sarah tumvile kaponola vs abla meshack nsuhuzwa and 1 another 2020 tzhc 4612 17 december 2020

Failure to cite subsections of the relevant provisions by a layperson does not render the application fatally defective where the court has jurisdiction and substantive justice is not prejudiced; technicalities should not defeat the interest of justice.

Citation
sarah tumvile kaponola vs abla meshack nsuhuzwa and 1 another 2020 tzhc 4612 17 december 2020
Parties
Applicant: Sarah Tumvile Kaponola; 1st Respondent: Abla Meshack Nsuhuzwa; 2nd Respondent: Adela Meshack Nsuhuzwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled
Legal Topics
Preliminary Objection, Wrong Citation of Law, Overriding Objective, Technicalities Vs Substantive Justice
Source Language
English
Civil Procedure Probate and Administration Preliminary Objection Wrong Citation of Law Overriding Objective Technicalities Vs Substantive Justice

Case Brief

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Parties

Sarah Tumvile Kaponola

Applicant

Abla Meshack Nsuhuzwa

1st Respondent

Adela Meshack Nsuhuzwa

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for wrong and/or non-citation of enabling provision of law
  2. 2 Whether the application is incompetent for being supported by a defective affidavit
  3. 3 Whether the application is misconceived for being preferred without legal basis

Ratio Decidendi

Failure to cite subsections of the relevant provisions by a layperson does not render the application fatally defective where the court has jurisdiction and substantive justice is not prejudiced; technicalities should not defeat the interest of justice.

Court Disposition

Preliminary objections overruled

Orders

  • Preliminary objections overruled
  • Mention on 23/03/2021