20150821 TZHC Dar es Salaam

20150821 TZHC Dar es Salaam

The affidavit in support of the application is incurably defective for containing arguments and legal conclusions, rendering the application incompetent and incapable of being maintained.

Citation
20150821 TZHC Dar es Salaam
Parties
Applicant: Shomari Amani; Applicant: Kilala Lija; Applicant: Abeid Abdalah & Several Others; Respondent: Director Ilala Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection to Application for Temporary Injunction
Outcome
Application struck out
Legal Topics
Affidavit Defects, Temporary Injunctions, Preliminary Objections
Source Language
English
Civil Procedure Land Law Affidavit Defects Temporary Injunctions Preliminary Objections

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Parties

Shomari Amani

Applicant

Kilala Lija

Applicant

Abeid Abdalah & Several Others

Applicant

Director Ilala Municipal Council

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection to Application for Temporary Injunction

Legal Issues

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

Ratio Decidendi

The affidavit in support of the application is incurably defective for containing arguments and legal conclusions, rendering the application incompetent and incapable of being maintained.

Court Disposition

Application struck out

Orders

  • Each party to bear own costs