silverstone proprties co limited vs dar es salaam city council another 2013 tzhc 2199 14 june 2013

silverstone proprties co limited vs dar es salaam city council another 2013 tzhc 2199 14 june 2013

The affidavit was defective as it failed to comply with Section 10 of the Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966, as it did not indicate whether the Commissioner for Oaths knew the deponent personally or was introduced by someone known to the Commissioner. The defect is incurable and the affidavit is struck out.

Citation
silverstone proprties co limited vs dar es salaam city council another 2013 tzhc 2199 14 june 2013
Parties
Applicant/plaintiff: Silverstone Properties Co. Limited; 1st Respondent/1st Defendant: Dar es Salaam City Council; 1st Respondent/1st Defendant: Kinondoni Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2013
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection upheld with costs.
Legal Topics
Affidavit Defects, Preliminary Objection, Oaths and Statutory Declarations
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objection Oaths and Statutory Declarations

Case Brief

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Parties

Silverstone Properties Co. Limited

Applicant/plaintiff

Dar es Salaam City Council

1st Respondent/1st Defendant

Kinondoni Municipal Council

1st Respondent/1st Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counter affidavit is incurably defective for failure to comply with Section 10 of the Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966

Ratio Decidendi

The affidavit was defective as it failed to comply with Section 10 of the Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966, as it did not indicate whether the Commissioner for Oaths knew the deponent personally or was introduced by someone known to the Commissioner. The defect is incurable and the affidavit is struck out.

Court Disposition

Preliminary objection upheld with costs.

Orders

  • The counter affidavit sworn by Jacquiline Mosha is struck out and expunged from the court record.
  • Costs awarded to the applicant/plaintiff.