Baraka Jackson Nsinde RULING

The affidavit in support of the application was incurably defective as it contained arguments, conclusions, and hearsay information not sworn by the informants, rendering the application incompetent.

Citation: Baraka Jackson Nsinde RULING
Parties: Applicant: Baraka Jackson Nsinde; Respondent: Cletus Deusdedith Maliganya
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 November 2024
Procedural Posture: Misc. Civil Application / Ruling on Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Affidavit Defects, Extension of Time, Preliminary Objection
Source Language: English

Civil Procedure Affidavit Defects Extension of Time Preliminary Objection

Case Brief

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Parties

Baraka Jackson Nsinde

Applicant

Cletus Deusdedith Maliganya

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the supporting affidavit is incurably defective for containing hearsay, arguments, and conclusions
2 Whether the verification of the affidavit is defective

Ratio Decidendi

The affidavit in support of the application was incurably defective as it contained arguments, conclusions, and hearsay information not sworn by the informants, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs