MUGAYA MARIMA RULING 0001

MUGAYA MARIMA RULING 0001

The fourth paragraph of the affidavit contains a legal argument regarding jurisdiction, not a fact within the deponent's knowledge, and thus violates Order XIX Rule 3(1) of the Civil Procedure Code; it must be expunged from the record.

Citation
MUGAYA MARIMA RULING 0001
Parties
Applicants: Mugaya Marima and 47 Others; Respondent: Buinda Matambo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2009
Procedural Posture
Miscellaneous Land Reference / Ruling on Preliminary Objection Regarding Affidavit Content
Outcome
Fourth paragraph of affidavit expunged; application to proceed to hearing; no order as to costs.
Legal Topics
Affidavit Requirements, Jurisdictional Objections, Expunging Affidavit Paragraphs
Source Language
English
Civil Procedure Land Law Affidavit Requirements Jurisdictional Objections Expunging Affidavit Paragraphs

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Parties

Mugaya Marima and 47 Others

Applicants

Buinda Matambo

Respondent

Procedural Posture

Miscellaneous Land Reference / Ruling on Preliminary Objection Regarding Affidavit Content

Legal Issues

  1. 1 Whether the fourth paragraph of the applicant's affidavit contains extraneous legal argument in violation of Order XIX Rule 3(1) of the Civil Procedure Code
  2. 2 Whether matters of law can be deposed as facts in affidavits

Ratio Decidendi

The fourth paragraph of the affidavit contains a legal argument regarding jurisdiction, not a fact within the deponent's knowledge, and thus violates Order XIX Rule 3(1) of the Civil Procedure Code; it must be expunged from the record.

Court Disposition

Fourth paragraph of affidavit expunged; application to proceed to hearing; no order as to costs.

Orders

  • Fourth paragraph of the affidavit sworn by Mr. Makowe is expunged from the record.
  • Application hearing to proceed in accordance with the law.