anatolia s mutakyana vs deogratius m silinde another 2022 tzhclandd 12739 28 november 2022

anatolia s mutakyana vs deogratius m silinde another 2022 tzhclandd 12739 28 november 2022

The affidavit was not signed or dated by the deponent before verification, making it defective and incapable of supporting the application; thus, the application is incompetent.

Citation
anatolia s mutakyana vs deogratius m silinde another 2022 tzhclandd 12739 28 november 2022
Parties
Applicant: Anatolia S Mutakyana; 1st Respondent: Deogratius M. Silinde; 2nd Respondent: Suleiman Ally Said
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 November 2022
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Affidavit Defects, Preliminary Objections, Competency of Application
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objections Competency of Application

Case Brief

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Parties

Anatolia S Mutakyana

Applicant

Deogratius M. Silinde

1st Respondent

Suleiman Ally Said

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for being filed without Court's leave
  2. 2 Whether the affidavit is fatally defective for being undated

Ratio Decidendi

The affidavit was not signed or dated by the deponent before verification, making it defective and incapable of supporting the application; thus, the application is incompetent.

Court Disposition

Application struck out

Orders

  • The application is struck out for being supported by a defective affidavit.