esha juma salum vs abeid said abua another 2023 tzhc 20829 1 september 2023

esha juma salum vs abeid said abua another 2023 tzhc 20829 1 september 2023

The supporting affidavits were defective as they were not sworn by the applicant, lacked proper verification, and the advocate was not privy to the facts of the original proceedings; thus, there was no valid affidavit in support of the application, rendering it incompetent.

Citation
esha juma salum vs abeid said abua another 2023 tzhc 20829 1 september 2023
Parties
Applicant: Esha Juma Salum; 1st Respondent: Abeid Said Abua; 2nd Respondent: Hamisi Alfani Mnyepe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Time Limitation, Wrong Citation of Law, Verification Clause, Advocate's Authority to Swear Affidavit
Source Language
English
Civil Procedure Land Law Affidavit Defects Time Limitation Wrong Citation of Law Verification Clause Advocate's Authority to Swear Affidavit

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Parties

Esha Juma Salum

Applicant

Abeid Said Abua

1st Respondent

Hamisi Alfani Mnyepe

2nd Respondent

Procedural Posture

Misc. Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was filed within the prescribed time limit
  2. 2 Whether the application was incompetent due to wrong citation of law
  3. 3 Whether affidavits not sworn by the applicant and lacking proper verification are defective

Ratio Decidendi

The supporting affidavits were defective as they were not sworn by the applicant, lacked proper verification, and the advocate was not privy to the facts of the original proceedings; thus, there was no valid affidavit in support of the application, rendering it incompetent.

Court Disposition

Application struck out with costs

Orders

  • Leave granted to applicant to re-file a proper application within 14 days from the date of being availed with the copy of this ruling