attorney general vs mohamed liundi another 2022 tzhc 15139 29 november 2022
The application was struck out because it was based on documents drawn by a person who, at the time of drawing and filing, was not a qualified state attorney authorized by the Solicitor General, rendering the documents and the application invalid.
- Citation
- attorney general vs mohamed liundi another 2022 tzhc 15139 29 november 2022
- Parties
- Applicant: The Attorney General; 1st Respondent: Mohamed Liundi; 2nd Respondent: Dar es Salaam Water and Sewage Corporation
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 November 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objections
- Outcome
- Application struck out as incompetent
- Legal Topics
- Extension of Time, Qualification of Legal Practitioners, Preliminary Objections, Practice and Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Attorney General
Applicant
Mohamed Liundi
1st Respondent
Dar es Salaam Water and Sewage Corporation
2nd Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application was drawn by a qualified person as required by law
- 2 Whether the preliminary objection qualifies as a pure point of law
- 3 Consequence of documents drawn by an unqualified person
Ratio Decidendi
The application was struck out because it was based on documents drawn by a person who, at the time of drawing and filing, was not a qualified state attorney authorized by the Solicitor General, rendering the documents and the application invalid.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for being based on invalid documents drawn by an unqualified person
- No order as to costs
Full Case Text
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