jacquiline ntuyabaliwe mengi others vs abdiel reginald memgi others 2022 tzca 748 1 december 2022

jacquiline ntuyabaliwe mengi others vs abdiel reginald memgi others 2022 tzca 748 1 december 2022

Affidavits supporting the application contained extraneous matters and defective verification clauses, failing to disclose sources of information. The defects were material and rendered the application incompetent. The application was struck out.

Citation
jacquiline ntuyabaliwe mengi others vs abdiel reginald memgi others 2022 tzca 748 1 december 2022
Parties
1st Applicant: Jacqueline Ntuyabaliwe Mengi; 2nd Applicant: Jacqueline Ntuyabaliwe Mengi as next friend of Jayden Kihoza Mengi (a minor); 3rd Applicant: Jacqueline Ntuyabaliwe Mengi as next friend of Ryan Saashisha Mengi (a minor); 1st Respondent: Abdiel Reginald Mengi; 2nd Respondent: Benjamin Abraham Mengi; 3rd Respondent: Benson Benjamin Mengi; 4th Respondent: William Onesmo Mushi; 5th Respondent: Zoeb Hassuji; 6th Respondent: Sylvia Novatus Mushi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 December 2022
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out for incompetence due to defective affidavits.
Legal Topics
Affidavit Defects, Verification Clause, Extraneous Matters in Affidavits, Probate Proceedings, Revision Jurisdiction
Source Language
English
Civil Procedure Probate and Administration Affidavit Defects Verification Clause Extraneous Matters in Affidavits Probate Proceedings Revision Jurisdiction

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Parties

Jacqueline Ntuyabaliwe Mengi

1st Applicant

Jacqueline Ntuyabaliwe Mengi as next friend of Jayden Kihoza Mengi (a minor)

2nd Applicant

Jacqueline Ntuyabaliwe Mengi as next friend of Ryan Saashisha Mengi (a minor)

3rd Applicant

Abdiel Reginald Mengi

1st Respondent

Benjamin Abraham Mengi

2nd Respondent

Benson Benjamin Mengi

3rd Respondent

William Onesmo Mushi

4th Respondent

Zoeb Hassuji

5th Respondent

Sylvia Novatus Mushi

6th Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether affidavits supporting the application are defective for containing extraneous matters and defective verification clauses
  2. 2 Whether the defects render the application incompetent

Ratio Decidendi

Affidavits supporting the application contained extraneous matters and defective verification clauses, failing to disclose sources of information. The defects were material and rendered the application incompetent. The application was struck out.

Court Disposition

Application struck out for incompetence due to defective affidavits.

Orders

  • Application struck out.
  • No order as to costs.