anold peter kavishe vs philemon david mafie another 2022 tzhclandd 598 30 june 2022

The affidavit is defective for failing to comply with mandatory jurat requirements under Section 10 of the Oaths and Statutory Declarations Act, rendering the application incompetent.

Citation: anold peter kavishe vs philemon david mafie another 2022 tzhclandd 598 30 june 2022
Parties: Applicant: Anold Peter Kavishe; 1st Respondent: Philemon David Mafie; 2nd Respondent: Theresia Samson Mwakipesile
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 June 2022
Procedural Posture: Land Revision / Ruling on Preliminary Objection
Outcome: preliminary objection sustained
Legal Topics: Affidavit Defects, Jurat of Attestation, Statutory Declarations
Source Language: English

Land Law Civil Procedure Affidavit Defects Jurat of Attestation Statutory Declarations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Anold Peter Kavishe

Applicant

Philemon David Mafie

1st Respondent

Theresia Samson Mwakipesile

2nd Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether the affidavit supporting the application is defective due to a non-compliant jurat of attestation

Ratio Decidendi

The affidavit is defective for failing to comply with mandatory jurat requirements under Section 10 of the Oaths and Statutory Declarations Act, rendering the application incompetent.

Court Disposition

preliminary objection sustained

Orders

application struck out