ahmed allysalim versus drbenedict mbawala 2023 tzhclandd 16741 31 july 2023
Non-compliance with mandatory statutory requirements in the jurat of attestation renders the affidavit incurably defective and the application must be struck out.
- Citation
- ahmed allysalim versus drbenedict mbawala 2023 tzhclandd 16741 31 july 2023
- Parties
- Applicant: Ahmed Ally Salim; Respondent: Dr. Benedict Mbawala
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 31 July 2023
- Procedural Posture
- Reference / Ruling
- Outcome
- application struck out
- Legal Topics
- Affidavit Defects, Costs, 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.
Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
Ahmed Ally Salim
Applicant
Dr. Benedict Mbawala
Respondent
Procedural Posture
Reference / Ruling
Legal Issues
- 1 Whether the applicant's affidavit is fatally defective for non-compliance with statutory requirements
Ratio Decidendi
Non-compliance with mandatory statutory requirements in the jurat of attestation renders the affidavit incurably defective and the application must be struck out.
Court Disposition
application struck out
Orders
- application struck out
- no order as to costs
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