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
Summary, issues, holding and outcome
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Parties
Theresphol Balige
Applicant
Medard Bartrumelo
Respondent
Adventina Kamugisha
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the affidavit supporting the application is defective due to inconsistent signatures
- 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
Full Case Text
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