felician mhere mgoyo vs david joseph mlay 2023 tzhc 21597 4 october 2023

felician mhere mgoyo vs david joseph mlay 2023 tzhc 21597 4 october 2023

The applicant's affidavit is defective because paragraphs 3 and 4 were not verified as required by law, making it impossible for the court or respondent to determine the basis of those statements. The only remedy is to strike out the application for being incompetently filed.

Citation
felician mhere mgoyo vs david joseph mlay 2023 tzhc 21597 4 october 2023
Parties
Applicant: FELICIAN MUHERE MGOYO; Respondent: DAVID JOSEPH MLAY
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 2023
Procedural Posture
Civil Reference / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Verification, Preliminary Objection, Striking Out Applications
Source Language
English
Civil Procedure Affidavit Verification Preliminary Objection Striking Out Applications

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Parties

FELICIAN MUHERE MGOYO

Applicant

DAVID JOSEPH MLAY

Respondent

Procedural Posture

Civil Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's affidavit is defective for lack of proper verification of paragraphs 3 and 4 as required by law

Ratio Decidendi

The applicant's affidavit is defective because paragraphs 3 and 4 were not verified as required by law, making it impossible for the court or respondent to determine the basis of those statements. The only remedy is to strike out the application for being incompetently filed.

Court Disposition

Application struck out

Orders

  • Application struck out for being incompetently filed due to defective affidavit
  • Applicant at liberty to file a proper application within fourteen days