MISC

MISC

Paragraphs 6 and 10 of the applicant’s affidavit offend the law on affidavits but do not constitute substantive parts; thus, they can be expunged or overlooked, allowing the court to proceed with the substantive affidavit.

Citation
MISC
Parties
Applicant: Alex David Chibunu; 1st Respondent: Saraphine Kamara; 2nd Respondent: Kinondoni Municipal Council; 3rd Respondent: Dar es Salaam City Council; 4th Respondent: Igalula Auction Mart Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Preliminary objections sustained in respect of paragraphs 6 and 10 of the applicant’s affidavit.
Legal Topics
Affidavits, Preliminary Objections, Hearsay, Defective Affidavit
Source Language
English
Civil Procedure Affidavits Preliminary Objections Hearsay Defective Affidavit

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Parties

Alex David Chibunu

Applicant

Saraphine Kamara

1st Respondent

Kinondoni Municipal Council

2nd Respondent

Dar es Salaam City Council

3rd Respondent

Igalula Auction Mart Ltd

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether paragraphs 6 and 10 of the applicant’s affidavit offend the law on affidavits
  2. 2 Whether the preliminary objections raised have substance in law

Ratio Decidendi

Paragraphs 6 and 10 of the applicant’s affidavit offend the law on affidavits but do not constitute substantive parts; thus, they can be expunged or overlooked, allowing the court to proceed with the substantive affidavit.

Court Disposition

Preliminary objections sustained in respect of paragraphs 6 and 10 of the applicant’s affidavit.

Orders

  • Paragraphs 6 and 10 of the applicant’s affidavit are expunged or overlooked; substantive parts of the affidavit remain intact for further proceedings.