20091211 TZHC Dar es Salaam

20091211 TZHC Dar es Salaam

The affidavit accompanying the caveat was not properly authenticated as required by S.93 of the Evidence Act, since the certificate of authentication was issued after the affidavit was filed and not attached contemporaneously. This fundamental defect renders the caveat incompetent and it must be struck out.

Citation
20091211 TZHC Dar es Salaam
Parties
1st Petitioner: Octavio Timothy Ballali; 2nd Petitioner: Rachel Jijana Ballali; 1st Caveator: Anna Muganda Balali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2009
Procedural Posture
Probate and Administration Cause / Ruling on Preliminary Objection Regarding Affidavit Authenticity in Caveat
Outcome
Caveat struck out for incompetence due to defective affidavit authentication.
Legal Topics
Affidavit Authentication, Caveat Validity, Probate Procedure
Source Language
English
Probate Civil Procedure Affidavit Authentication Caveat Validity Probate Procedure

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Parties

Octavio Timothy Ballali

1st Petitioner

Rachel Jijana Ballali

2nd Petitioner

Anna Muganda Balali

1st Caveator

Procedural Posture

Probate and Administration Cause / Ruling on Preliminary Objection Regarding Affidavit Authenticity in Caveat

Legal Issues

  1. 1 Whether the affidavit accompanying the caveat was properly authenticated as required by law
  2. 2 Whether a certificate of authentication issued after the affidavit was filed can cure the defect
  3. 3 Whether the defect in authentication renders the caveat incompetent

Ratio Decidendi

The affidavit accompanying the caveat was not properly authenticated as required by S.93 of the Evidence Act, since the certificate of authentication was issued after the affidavit was filed and not attached contemporaneously. This fundamental defect renders the caveat incompetent and it must be struck out.

Court Disposition

Caveat struck out for incompetence due to defective affidavit authentication.

Orders

  • The caveat filed by the 1st caveator is struck out for being incompetent.
  • No order as to costs.