benedict aleck chussi another vs mohamed nassoro rashid 2 others 2022 tzhclandd 12623 14 november 2022

benedict aleck chussi another vs mohamed nassoro rashid 2 others 2022 tzhclandd 12623 14 november 2022

The affidavit was incurably defective because the jurat of attestation failed to state the place where the oath was taken, violating Section 8 of the Notaries Public and Commissioner for Oaths Act. As a result, the application could not be supported and was struck out.

Citation
benedict aleck chussi another vs mohamed nassoro rashid 2 others 2022 tzhclandd 12623 14 november 2022
Parties
Applicant: Benedict Aleck Chussi; Applicant: Paul Aloyce Swai; Respondent: Mohamed Nassoro Rashid; Respondent: Kingazi Hassan Kiganzi; Respondent: Fosters and Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 November 2022
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Injunctions, Affidavit Defects, Preliminary Objections
Source Language
English
Civil Procedure Land Law Injunctions Affidavit Defects Preliminary Objections

Case Brief

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Parties

Benedict Aleck Chussi

Applicant

Paul Aloyce Swai

Applicant

Mohamed Nassoro Rashid

Respondent

Kingazi Hassan Kiganzi

Respondent

Fosters and Company Limited

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit supporting the application is fatally defective for improper verification and jurat of attestation

Ratio Decidendi

The affidavit was incurably defective because the jurat of attestation failed to state the place where the oath was taken, violating Section 8 of the Notaries Public and Commissioner for Oaths Act. As a result, the application could not be supported and was struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.