dorah tito lukuwi vs administrator general 2006 tzhc 102 29 june 2006

Incorporating a notice of preliminary objection in a counter affidavit is improper and renders those paragraphs defective, but the remainder of the affidavit is valid and should be retained.

Citation: dorah tito lukuwi vs administrator general 2006 tzhc 102 29 june 2006
Parties: Applicant: Dorah Tito Lukuwi; Respondent: Administrator General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 June 2006
Procedural Posture: Probate and Administration / Ruling on Preliminary Objection
Outcome: Preliminary objection partly allowed
Legal Topics: Affidavit Defects, Preliminary Objections, Estate Administration
Source Language: English

Probate Civil Procedure Affidavit Defects Preliminary Objections Estate Administration

Case Brief

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Parties

Dorah Tito Lukuwi

Applicant

Administrator General

Respondent

Procedural Posture

Probate and Administration / Ruling on Preliminary Objection

Legal Issues

1 Whether the counter affidavit contains matters which cannot be deponed
2 Whether the counter affidavit should be struck out

Ratio Decidendi

Incorporating a notice of preliminary objection in a counter affidavit is improper and renders those paragraphs defective, but the remainder of the affidavit is valid and should be retained.

Court Disposition

Preliminary objection partly allowed

Orders

Paragraphs 1 and 2 of the counter affidavit struck out
Rest of the counter affidavit retained