sheikh bashiru hussein omari and 3 others vs juma mndeme and 3 others 2012 tzhc 63 17 april 2012

sheikh bashiru hussein omari and 3 others vs juma mndeme and 3 others 2012 tzhc 63 17 april 2012

The application was struck out for being brought under wrong provisions of law, which is a fatal defect that renders the application incompetent and unmaintainable.

Citation
sheikh bashiru hussein omari and 3 others vs juma mndeme and 3 others 2012 tzhc 63 17 april 2012
Parties
Applicant: Sheikh Bashiru Hussein Omari; Applicant: Ust. Said Rashid Golugwa; Applicant: Ust. Salum Abdallah Sevingi; Applicant: Haji Alli Haji; Respondent: Juma Mndeme; Respondent: Iddi Juma Ninga; Respondent: Omary Y. Bokolo; Respondent: Hussein Shemzigwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 April 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Citation of Enabling Provisions, Preliminary Objections, Affidavit Defects, Revision Applications
Source Language
English
Civil Procedure Citation of Enabling Provisions Preliminary Objections Affidavit Defects Revision Applications

Case Brief

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Parties

Sheikh Bashiru Hussein Omari

Applicant

Ust. Said Rashid Golugwa

Applicant

Ust. Salum Abdallah Sevingi

Applicant

Haji Alli Haji

Applicant

Juma Mndeme

Respondent

Iddi Juma Ninga

Respondent

Omary Y. Bokolo

Respondent

Hussein Shemzigwa

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was brought under proper provisions of law
  2. 2 Whether the application was prematurely filed
  3. 3 Whether the supporting affidavit was incurably defective

Ratio Decidendi

The application was struck out for being brought under wrong provisions of law, which is a fatal defect that renders the application incompetent and unmaintainable.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicants to pay costs