castory masonda vs john chelesi 2016 tzhc 2209 15 december 2016

castory masonda vs john chelesi 2016 tzhc 2209 15 december 2016

The affidavit supporting the application is incurably defective due to insufficient disclosure of the source of information in the verification clause, rendering the application incompetent and subject to dismissal.

Citation
castory masonda vs john chelesi 2016 tzhc 2209 15 december 2016
Parties
Applicant: Castory Masonda; Respondent: John Chelesi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2016
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Affidavit Defects, Verification Clause, Court Fees, Leave to Appeal Out of Time
Source Language
English
Civil Procedure Land Law Affidavit Defects Verification Clause Court Fees Leave to Appeal Out of Time

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Parties

Castory Masonda

Applicant

John Chelesi

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the verification clause in the affidavit is defective for lack of date and insufficient disclosure of information source
  2. 2 Whether the application contravenes Court Fees Rules

Ratio Decidendi

The affidavit supporting the application is incurably defective due to insufficient disclosure of the source of information in the verification clause, rendering the application incompetent and subject to dismissal.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs