aloyce kissenga mchili vs erick kuneza rutakonya others 2022 tzhccomd 279 15 september 2022

aloyce kissenga mchili vs erick kuneza rutakonya others 2022 tzhccomd 279 15 september 2022

Affidavit attested before Mr Nkwera was engaged as advocate for respondents is not defective; section 7 does not bar attestation prior to engagement or prior to matter being filed in court.

Citation
aloyce kissenga mchili vs erick kuneza rutakonya others 2022 tzhccomd 279 15 september 2022
Parties
Applicant: Aloyce Kissenga Mchili; 1st Respondent: Erick Kuneza Rutakonya; 2nd Respondent: Best Microfinance Solution Ltd; 3rd Respondent: Geoffrey William Malamia; 4th Respondent: Veronica Aloyce Kissenga; 5th Respondent: Redmna Ginwas Hamay
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 September 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Affidavit Defects, Commissioner for Oaths Disqualification, Extension of Time
Source Language
English
Civil Procedure Affidavit Defects Commissioner for Oaths Disqualification Extension of Time

Case Brief

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Parties

Aloyce Kissenga Mchili

Applicant

Erick Kuneza Rutakonya

1st Respondent

Best Microfinance Solution Ltd

2nd Respondent

Geoffrey William Malamia

3rd Respondent

Veronica Aloyce Kissenga

4th Respondent

Redmna Ginwas Hamay

5th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether affidavit attested by a Commissioner for Oaths who later became advocate for respondents is defective under section 7 of Notary Public and Commissioner for Oaths Act

Ratio Decidendi

Affidavit attested before Mr Nkwera was engaged as advocate for respondents is not defective; section 7 does not bar attestation prior to engagement or prior to matter being filed in court.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Objection raised by 1st Respondent is dismissed with costs
  • Parties to proceed with hearing of the application