mbegu rajabu mfaume vs idd hussein mfaume another 2014 tzhc 2242 13 august 2014

mbegu rajabu mfaume vs idd hussein mfaume another 2014 tzhc 2242 13 august 2014

An affidavit supporting an application that lacks the name of the Commissioner for Oaths in the jurat is incurably defective and cannot be amended once a preliminary objection is raised; the application is therefore incompetent and must be struck out.

Citation
mbegu rajabu mfaume vs idd hussein mfaume another 2014 tzhc 2242 13 august 2014
Parties
Applicant/plaintiff: M Begu Raj Abu Mfaume; 1st Respondent/defendant: Idd Hussein Mfaume; 2nd Respondent/defendant: Jumanne Hussein Mfaume
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 August 2014
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Preliminary Objection, Temporary Injunction, Jurat of Attestation
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objection Temporary Injunction Jurat of Attestation

Case Brief

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Parties

M Begu Raj Abu Mfaume

Applicant/plaintiff

Idd Hussein Mfaume

1st Respondent/defendant

Jumanne Hussein Mfaume

2nd Respondent/defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether omission of the Commissioner's name in the jurat renders the affidavit incurably defective and the application incompetent
  2. 2 Whether such a defect can be cured by amendment after a preliminary objection is raised

Ratio Decidendi

An affidavit supporting an application that lacks the name of the Commissioner for Oaths in the jurat is incurably defective and cannot be amended once a preliminary objection is raised; the application is therefore incompetent and must be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out due to incurably defective affidavit