saed kubena vs attorney general 2014 tzhc 2337 15 september 2014

saed kubena vs attorney general 2014 tzhc 2337 15 september 2014

The application was struck out because it failed to cite the proper enabling provision of law, rendering the court not properly moved. Section 2(2) of the Judicature and Application of Laws Act is not an enabling provision for the relief sought, and there was no issue of territorial jurisdiction. The duty to correct pleadings lies with the party, not the court.

Citation
saed kubena vs attorney general 2014 tzhc 2337 15 september 2014
Parties
Petitioner: Sadiq Hemefa; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out for being incompetent
Legal Topics
Jurisdiction, Proper Citation of Law, Constitutional Review Process, Preliminary Objections
Source Language
English
Constitutional Law Civil Procedure Jurisdiction Proper Citation of Law Constitutional Review Process Preliminary Objections

Case Brief

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Parties

Sadiq Hemefa

Petitioner

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incurably defective for want of citation of specific enabling provision of law
  2. 2 Whether the prayer sought is frivolous, vexatious and not justiciable
  3. 3 Whether the application is bad in law for being supported by a defective affidavit

Ratio Decidendi

The application was struck out because it failed to cite the proper enabling provision of law, rendering the court not properly moved. Section 2(2) of the Judicature and Application of Laws Act is not an enabling provision for the relief sought, and there was no issue of territorial jurisdiction. The duty to correct pleadings lies with the party, not the court.

Court Disposition

Application struck out for being incompetent

Orders

  • Application struck out for want of proper citation of enabling provision of law
  • Costs will be in the cause