20091104 TZHC Dar es Salaam

20091104 TZHC Dar es Salaam

The applicant's affidavit is defective due to the use of plural in the verification clause and jurat, and improper attribution of knowledge, but these defects are not fatal and can be remedied by allowing the applicant to file a fresh affidavit. The omission to disclose the full address of the Commissioner for Oaths is not fatal as long as the place and date are shown. The affidavit is struck out and the application dismissed as it has no valid affidavit to support it.

Citation
20091104 TZHC Dar es Salaam
Parties
Applicant/plaintiff: Annandumi Alex alias Kipaa; 1st Respondent: Zahara Adamu Munisi; 2nd Respondent: Halid Adam Munisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 November 2009
Procedural Posture
Commercial Case / Ruling on Preliminary Objection to Affidavit in Application to Set Aside Dismissal Order
Outcome
Application dismissed
Legal Topics
Affidavit Defects, Verification Clause, Jurat of Attestation, Setting Aside Dismissal Orders, Preliminary Objections
Source Language
English
Civil Procedure Commercial Law Affidavit Defects Verification Clause Jurat of Attestation Setting Aside Dismissal Orders Preliminary Objections

Case Brief

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Parties

Annandumi Alex alias Kipaa

Applicant/plaintiff

Zahara Adamu Munisi

1st Respondent

Halid Adam Munisi

2nd Respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objection to Affidavit in Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether defects in the applicant's affidavit (verification clause and jurat) are fatal and render the application incompetent
  2. 2 Whether the affidavit can be amended or a fresh affidavit filed to cure the defects
  3. 3 Whether omission to disclose the full address of the Commissioner for Oaths in the jurat is fatal

Ratio Decidendi

The applicant's affidavit is defective due to the use of plural in the verification clause and jurat, and improper attribution of knowledge, but these defects are not fatal and can be remedied by allowing the applicant to file a fresh affidavit. The omission to disclose the full address of the Commissioner for Oaths is not fatal as long as the place and date are shown. The affidavit is struck out and the application dismissed as it has no valid affidavit to support it.

Court Disposition

Application dismissed

Orders

  • Affidavit in support of the application is struck out with costs
  • Application to set aside dismissal order is dismissed