20060314 TZCA Mwanza 1

20060314 TZCA Mwanza 1

The affidavit in support of the application was defective for failing to state the place where it was sworn and for lacking the required endorsement, both of which are mandatory requirements under Tanzanian law. As a result, the application was not properly before the court and was struck out.

Citation
20060314 TZCA Mwanza 1
Parties
Applicant: Ashura Abdulkadri; Respondent: The Director Tilapia Hotel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 March 2006
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Affidavit Requirements, Notice of Motion, Endorsement of Documents, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Requirements Notice of Motion Endorsement of Documents Preliminary Objection

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Parties

Ashura Abdulkadri

Applicant

The Director Tilapia Hotel

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective for not stating the place where it was sworn
  2. 2 Whether the affidavit is improperly before the court for lack of endorsement as required by law

Ratio Decidendi

The affidavit in support of the application was defective for failing to state the place where it was sworn and for lacking the required endorsement, both of which are mandatory requirements under Tanzanian law. As a result, the application was not properly before the court and was struck out.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.