20021022 TZHC Mbeya

20021022 TZHC Mbeya

An affidavit sworn by counsel is inadmissible as it contains hearsay evidence and not facts of the counsel's own knowledge; therefore, any application supported solely by such an affidavit is invalid.

Citation
20021022 TZHC Mbeya
Parties
Applicant Advocate: Faustin M. D. Materu; Respondent: Edward Kombe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2002
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit by Counsel, Jurisdiction of Primary Court, Land Registration Ordinance
Source Language
English
Civil Procedure Affidavit by Counsel Jurisdiction of Primary Court Land Registration Ordinance

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Parties

Faustin M. D. Materu

Applicant Advocate

Edward Kombe

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an affidavit sworn by counsel is valid to support an application
  2. 2 Whether the Primary Court has jurisdiction over land registered under the Land Registration Ordinance

Ratio Decidendi

An affidavit sworn by counsel is inadmissible as it contains hearsay evidence and not facts of the counsel's own knowledge; therefore, any application supported solely by such an affidavit is invalid.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.