20151001 TZHC Iringa

20151001 TZHC Iringa

The affidavit, though mentioning both knowledge and belief, is not fatally defective as the deponent had personal knowledge of the facts and the respondent did not specifically attack the verification clause; the application raises a serious point of law deserving consideration by the Court of Appeal, thus leave is granted.

Citation
20151001 TZHC Iringa
Parties
Applicant: Amer Mbarak and Another; Respondent: Edgar Kahwili
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 October 2015
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection and Application for Leave to Appeal
Outcome
Preliminary objection overruled; application for leave to appeal granted.
Legal Topics
Affidavit Requirements, Leave to Appeal, Preliminary Objection, Res Judicata
Source Language
English
Civil Procedure Land Law Affidavit Requirements Leave to Appeal Preliminary Objection Res Judicata

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Parties

Amer Mbarak and Another

Applicant

Edgar Kahwili

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the affidavit supporting the application is fatally defective for failure to disclose the source of belief
  2. 2 Whether the applicants have advanced sufficient grounds for leave to appeal to the Court of Appeal

Ratio Decidendi

The affidavit, though mentioning both knowledge and belief, is not fatally defective as the deponent had personal knowledge of the facts and the respondent did not specifically attack the verification clause; the application raises a serious point of law deserving consideration by the Court of Appeal, thus leave is granted.

Court Disposition

Preliminary objection overruled; application for leave to appeal granted.

Orders

  • Preliminary objection dismissed.
  • Leave to appeal to the Court of Appeal granted.