20000914 TZHC Dar es Salaam

The affidavit filed by the applicant lacks a verification clause, which is a fatal defect. Without a valid affidavit, the application is incompetent and must be rejected.

Citation: 20000914 TZHC Dar es Salaam
Parties: Applicant: David Joseph Kisusi; Respondent: Ahmad Nassoro Baalawy
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 September 2000
Procedural Posture: Misc. Civil Application / Ruling on Preliminary Objection
Outcome: Application rejected as incompetent
Legal Topics: Affidavit Defects, Preliminary Objection, Verification Clause
Source Language: English

Civil Procedure Affidavit Defects Preliminary Objection Verification Clause

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Parties

David Joseph Kisusi

Applicant

Ahmad Nassoro Baalawy

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the affidavit accompanying the application is incurably defective due to lack of verification clause

Ratio Decidendi

The affidavit filed by the applicant lacks a verification clause, which is a fatal defect. Without a valid affidavit, the application is incompetent and must be rejected.

Court Disposition

Application rejected as incompetent

Orders

Affidavit struck out
Application rejected