build dsm t lld vs said masharubu luholi another 2022 tzhclandd 379 31 may 2022
The affidavit supporting the application is incurably defective for failing to comply with mandatory requirements of section 10 of the Oaths and Statutory Declarations Act, Cap 34 R.E. 2019, rendering the application incompetent.
- Citation
- build dsm t lld vs said masharubu luholi another 2022 tzhclandd 379 31 may 2022
- Parties
- Applicant: BUILD DSN (T) LTD; 1st Respondent: SAID MASHARUBU LUHOLI; 2nd Respondent: KINONDONI MUNICIPAL COUNCIL
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 31 May 2022
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Preliminary Objections
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Defective Affidavit, Jurisdictional Law Citation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
BUILD DSN (T) LTD
Applicant
SAID MASHARUBU LUHOLI
1st Respondent
KINONDONI MUNICIPAL COUNCIL
2nd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the affidavit supporting the application is incurably defective due to improper jurat of attestation
- 2 Whether the application was moved under a non-existing law
Ratio Decidendi
The affidavit supporting the application is incurably defective for failing to comply with mandatory requirements of section 10 of the Oaths and Statutory Declarations Act, Cap 34 R.E. 2019, rendering the application incompetent.
Court Disposition
Application struck out with costs
Orders
- Application struck out
- Costs awarded to respondents
Full Case Text
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