The Applicants were students in the Respondent University. On 15th December 2011, they were suspended from studies on grounds that they took part in planning, organizing and executing unlawful acts, in contravention of the University By-Laws. They filed an application for leave to apply for orders of certiorari against the decision of the Muhimbili University of Health and Allied Sciences (MUHAS). The Respondents raised preliminary points of objection. First, it was contended that the joint affidavit in support of the application was defective as it contained matters of law, which ran contrary to the provisions of Order 19 rule (3) (1) of the Civil Procedure Code [Cap 33 R.E. 2002] It was secondly contended that failure to make the Attorney General a party in the proceedings for judicial review involving MUHAS made the proceedings a nullity.

