20120417 TZHC Arusha

20120417 TZHC Arusha

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

Citation
20120417 TZHC Arusha
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 Objection
Outcome
Application struck out with costs
Legal Topics
Wrong Citation of Law, Preliminary Objection, Affidavit Defects, Interlocutory Orders
Source Language
English
Civil Procedure Wrong Citation of Law Preliminary Objection Affidavit Defects Interlocutory Orders

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 Objection

Legal Issues

  1. 1 Whether the application is incompetent for being brought under wrong provisions of the law
  2. 2 Whether the application is incompetent for being filed prematurely
  3. 3 Whether the application is incompetent for being supported by a defective affidavit

Ratio Decidendi

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

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs