theresphol balige vs medard bartumelo another 2024 tzhc 880 28 february 2024

theresphol balige vs medard bartumelo another 2024 tzhc 880 28 february 2024

The application was struck out because the applicant's affidavit was incurably defective due to inconsistent signatures, making it invalid.

Citation
theresphol balige vs medard bartumelo another 2024 tzhc 880 28 february 2024
Parties
Applicant: Theresphol Balige; Respondent: Medard Bartrumelo; Respondent: Adventina Kamugisha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out for incompetence
Legal Topics
Affidavit Defects, Signature Authenticity, Locus Standi
Source Language
English

Case Brief

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Parties

Theresphol Balige

Applicant

Medard Bartrumelo

Respondent

Adventina Kamugisha

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

  1. 1 Whether the affidavit supporting the application is defective due to inconsistent signatures
  2. 2 Whether the applicant had locus standi

Ratio Decidendi

The application was struck out because the applicant's affidavit was incurably defective due to inconsistent signatures, making it invalid.

Court Disposition

Application struck out for incompetence

Orders

  • Each party shall bear its own costs