attorney general and another vs fatma aman karume 2021 tzhc 7162 25 october 2021

All preliminary objections are overruled except for expunging part of paragraph 12 and whole of paragraph 14 in the affidavit for containing arguments and prayers; remaining defects are either not fatal, not points of law, or curable under statutory provisions.

Citation: attorney general and another vs fatma aman karume 2021 tzhc 7162 25 october 2021
Parties: Applicant: The Attorney General; Applicant: Advocates Committee; Respondent: Fatma Aman Karume
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 October 2021
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome: Preliminary objections overruled except as specified
Legal Topics: Affidavit Defects, Preliminary Objections, Leave to Appeal, Verification Clause, Authority to Swear Affidavit
Source Language: English

Civil Procedure Affidavit Defects Preliminary Objections Leave to Appeal Verification Clause Authority to Swear Affidavit

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Parties

The Attorney General

Applicant

Advocates Committee

Applicant

Fatma Aman Karume

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether failure to annex applicant's letter requesting proceedings and relevant decree renders application defective
2 Whether affidavit containing opinions and legal propositions is fatally defective
3 Whether affidavit contains hearsay

Ratio Decidendi

Court Disposition

Preliminary objections overruled except as specified

Orders

Second part of paragraph 12 and whole of paragraph 14 in affidavit expunged or ignored
No order as to costs