20130610 TZHC Dar es Salaam

20130610 TZHC Dar es Salaam

The affidavit sworn by Jacquiline Mosha is defective for failing to comply with Section 10 of the Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966, as it does not state whether the Commissioner for Oaths knew the deponent personally or was introduced by someone known to the Commissioner.

Citation
20130610 TZHC Dar es Salaam
Parties
Applicant/plaintiff: Silverstone Properties Co. Limited; 1st Respondent/1st Defendant: Dar es Salaam City Council; 1st Respondent/1st Defendant: Kinondoni Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 June 2013
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
preliminary objection upheld
Legal Topics
Affidavit Defects, Preliminary Objection, Oaths and Statutory Declarations
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objection Oaths and Statutory Declarations

Case Brief

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Parties

Silverstone Properties Co. Limited

Applicant/plaintiff

Dar es Salaam City Council

1st Respondent/1st Defendant

Kinondoni Municipal Council

1st Respondent/1st Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit sworn by Jacquiline Mosha is defective for failing to comply with Section 10 of the Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966

Ratio Decidendi

The affidavit sworn by Jacquiline Mosha is defective for failing to comply with Section 10 of the Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966, as it does not state whether the Commissioner for Oaths knew the deponent personally or was introduced by someone known to the Commissioner.

Court Disposition

preliminary objection upheld

Orders

  • affidavit of Jacquiline Mosha struck out and expunged from court records
  • costs awarded to applicant/plaintiff