esta mawinda vs khadija munda 2018 tzhclandd 105 2 may 2018

The application and affidavit are incompetent for failure to disclose the drawer of the affidavit, as only a natural person can draw a document, not an organization.

Citation: esta mawinda vs khadija munda 2018 tzhclandd 105 2 may 2018
Parties: Applicant: Ester M Awinda; Respondent: Khadija Munda
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 2 May 2018
Procedural Posture: Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Preliminary Objection, Extension of Time, Affidavit Requirements
Source Language: English

Civil Procedure Land Law Preliminary Objection Extension of Time Affidavit Requirements

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Parties

Ester M Awinda

Applicant

Khadija Munda

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is time barred
2 Whether the court was properly moved by correct citation of law
3 Whether the affidavit supports the chamber summons

Ratio Decidendi

The application and affidavit are incompetent for failure to disclose the drawer of the affidavit, as only a natural person can draw a document, not an organization.

Court Disposition

Application struck out with costs

Orders

Application struck out
Applicant to pay costs