alhaji rajabu ukwaju vs benjamin makuka 2006 tzhc 110 20 july 2006

Failure to show the name of the magistrate who signed the affidavit renders it defective, but the defect may be cured by amendment in the interest of justice.

Citation: alhaji rajabu ukwaju vs benjamin makuka 2006 tzhc 110 20 july 2006
Parties: Applicant: Alhaji Rajabu Ukwaju; Respondent: Benjamin Makuka
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 July 2006
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Application allowed to be amended
Legal Topics: Extension of Time, Affidavit Attestation, Preliminary Objection
Source Language: English

Civil Procedure Probate and Administration Extension of Time Affidavit Attestation Preliminary Objection

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Parties

Alhaji Rajabu Ukwaju

Applicant

Benjamin Makuka

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether failure to cite specific legal provisions renders the application incompetent
2 Whether an affidavit is defective for not showing the name of the magistrate or commissioner for oaths who attested it

Ratio Decidendi

Failure to show the name of the magistrate who signed the affidavit renders it defective, but the defect may be cured by amendment in the interest of justice.

Court Disposition

Application allowed to be amended

Orders

Applicant permitted to amend and file a proper affidavit within fourteen days from the date of the ruling
No order as to costs