anatol peter rwebanglra vs principle secretary ministry of defence national service 2019 tzca 106 10 may 2019

anatol peter rwebanglra vs principle secretary ministry of defence national service 2019 tzca 106 10 may 2019

The affidavit supporting the application is defective because the verification clause fails to specify which paragraphs are based on the applicant's knowledge and which on belief, contrary to established legal requirements. As a result, the application is incompetent and must be struck out.

Citation
anatol peter rwebanglra vs principle secretary ministry of defence national service 2019 tzca 106 10 may 2019
Parties
Applicant: Anatol Peter Rwebangira; 1st Respondent: The Principal Secretary, Ministry of Defence and National Service; 2nd Respondent: The Hon Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 May 2019
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Affidavit Verification, Preliminary Objection, Notice of Appeal, Striking Out Applications
Source Language
English
Civil Procedure Affidavit Verification Preliminary Objection Notice of Appeal Striking Out Applications

Case Brief

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Parties

Anatol Peter Rwebangira

Applicant

The Principal Secretary, Ministry of Defence and National Service

1st Respondent

The Hon Attorney General

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective due to an improper verification clause
  2. 2 Whether the application is incompetent for lack of a proper affidavit

Ratio Decidendi

The affidavit supporting the application is defective because the verification clause fails to specify which paragraphs are based on the applicant's knowledge and which on belief, contrary to established legal requirements. As a result, the application is incompetent and must be struck out.

Court Disposition

application struck out with costs

Orders

  • The application is struck out as incompetent with costs.