Fatuma

Fatuma

The affidavit in support of the application is defective for containing both an affirmation and a swearing in the same document, contrary to the law, and thus cannot support the application.

Citation
Fatuma
Parties
Applicant: Fatuma Machinga Ngoma; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Alliance Academy Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Jurat of Attestation, Preliminary Objections, Religious Oaths
Source Language
English
Civil Procedure Land Law Affidavit Defects Jurat of Attestation Preliminary Objections Religious Oaths

Case Brief

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Parties

Fatuma Machinga Ngoma

Applicant

CRDB Bank PLC

1st Respondent

Alliance Academy Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for being supported by an affidavit with a defective jurat of attestation

Ratio Decidendi

The affidavit in support of the application is defective for containing both an affirmation and a swearing in the same document, contrary to the law, and thus cannot support the application.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.