adam simbaya and2 others vs welles mwamengo and another 2020 tzhc 2378 28 august 2020
The application was struck out because the supporting affidavit was defective for failing to indicate the date and place of attestation, violating mandatory legal requirements and rendering the application incompetent.
- Citation
- adam simbaya and2 others vs welles mwamengo and another 2020 tzhc 2378 28 august 2020
- Parties
- Applicant: Adam Simbaya; Applicant: Gidion Mwakalinga; Applicant: Okada Zunda; Respondent: Weiles Mwamengo; Respondent: Chicken Mwamengo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 August 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- Application struck out
- Legal Topics
- Defective Affidavit, Extension of Time, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Adam Simbaya
Applicant
Gidion Mwakalinga
Applicant
Okada Zunda
Applicant
Weiles Mwamengo
Respondent
Chicken Mwamengo
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the affidavit supporting the application is defective for lack of date and place in the jurat
- 2 Whether such defect renders the application incompetent
- 3 Whether the defect is curable by amendment
Ratio Decidendi
The application was struck out because the supporting affidavit was defective for failing to indicate the date and place of attestation, violating mandatory legal requirements and rendering the application incompetent.
Court Disposition
Application struck out
Orders
- Application struck out due to defective affidavit
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment