adnan mohamed almasi and 5 others vs mwajabu abdallah jongoa and 4 others 2021 tzhclandd 734 29 october 2021

adnan mohamed almasi and 5 others vs mwajabu abdallah jongoa and 4 others 2021 tzhclandd 734 29 october 2021

The first preliminary objection was overruled as it required investigation of facts and was not a pure point of law. The second preliminary objection was upheld because the verification clause in the affidavit was defective, failing to specify which statements were based on the deponent's knowledge and which on information from others, rendering the application incompetent.

Citation
adnan mohamed almasi and 5 others vs mwajabu abdallah jongoa and 4 others 2021 tzhclandd 734 29 october 2021
Parties
Applicants: Adinani Mohamed Almasi and 5 Others; Respondents: Mwajabu Abdallah Jongoa and 4 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Representative Suits, Affidavit Verification, Preliminary Objections
Source Language
English
Civil Procedure Land Law Representative Suits Affidavit Verification Preliminary Objections

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Adinani Mohamed Almasi and 5 Others

Applicants

Mwajabu Abdallah Jongoa and 4 Others

Respondents

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for lack of authenticity and consent under Order I Rule 8 of the C.P.C.
  2. 2 Whether the application is incompetent for want of proper verification clause

Ratio Decidendi

The first preliminary objection was overruled as it required investigation of facts and was not a pure point of law. The second preliminary objection was upheld because the verification clause in the affidavit was defective, failing to specify which statements were based on the deponent's knowledge and which on information from others, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for lack of competence due to defective verification clause.
  • Costs awarded to the respondents.