changshun liu vs rebecca daudi mussa others 2018 tzhcld 4 26 january 2018

changshun liu vs rebecca daudi mussa others 2018 tzhcld 4 26 january 2018

The affidavit in support of the application was incurably defective due to non-compliance with the statutory format for jurat of attestation, rendering the application incompetent and liable to be struck out.

Citation
changshun liu vs rebecca daudi mussa others 2018 tzhcld 4 26 january 2018
Parties
Applicant/objector: Changshun Liu; 1st Respondent/decree Holder: Rebecca Daudi Mussa; 2nd Respondent/decree Debtor: Quing Doa Industry; 3rd Respondent/court Broker: CDJ Classic Group Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 January 2018
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection (jurisdiction and Affidavit Defect)
Outcome
Application struck out
Legal Topics
Jurisdiction, Affidavit Requirements, Execution Proceedings, Jurat of Attestation
Source Language
English
Labour Law Civil Procedure Jurisdiction Affidavit Requirements Execution Proceedings Jurat of Attestation

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Parties

Changshun Liu

Applicant/objector

Rebecca Daudi Mussa

1st Respondent/decree Holder

Quing Doa Industry

2nd Respondent/decree Debtor

CDJ Classic Group Ltd

3rd Respondent/court Broker

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection (jurisdiction and Affidavit Defect)

Legal Issues

  1. 1 Whether the affidavit supporting the application complies with the legal requirements for jurat of attestation
  2. 2 Whether the application is competent before the court in absence of a proper affidavit

Ratio Decidendi

The affidavit in support of the application was incurably defective due to non-compliance with the statutory format for jurat of attestation, rendering the application incompetent and liable to be struck out.

Court Disposition

Application struck out

Orders

  • The affidavit in support of the application is struck out as incurably defective.
  • The application is struck out from the court register.