boaz leonard vs juma mohamed fundi 2013 tzhclandd 10 2 september 2013

boaz leonard vs juma mohamed fundi 2013 tzhclandd 10 2 september 2013

The omission of the place of attestation in the affidavit is a fundamental defect, rendering the affidavit and the application incompetent and liable to be struck out.

Citation
boaz leonard vs juma mohamed fundi 2013 tzhclandd 10 2 september 2013
Parties
Applicant: Boaz Leonard; Respondent: Juma Mohamed Fundi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 September 2013
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Defective Affidavit, Affidavit Attestation Requirements
Source Language
English
Civil Procedure Land Law Extension of Time Defective Affidavit Affidavit Attestation Requirements

Case Brief

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Parties

Boaz Leonard

Applicant

Juma Mohamed Fundi

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective for not disclosing the place of attestation
  2. 2 Whether simultaneous use of 'swear' and 'affirm' in the affidavit invalidates it

Ratio Decidendi

The omission of the place of attestation in the affidavit is a fundamental defect, rendering the affidavit and the application incompetent and liable to be struck out.

Court Disposition

Application struck out with costs

Orders

  • The entire application is struck out with costs.