felix francis mkosamali vs jamal a tamim 2013 tzca 280 25 april 2013

felix francis mkosamali vs jamal a tamim 2013 tzca 280 25 april 2013

The affidavit lacked the attesting officer's name in the jurat, and a rubber stamp does not cure this defect, making the application incompetent.

Source-derived case information.

Citation
felix francis mkosamali vs jamal a tamim 2013 tzca 280 25 april 2013
Parties
Applicant: Felix Francis Mkosamali; Respondent: Jamal A. Tamim
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 April 2013
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Jurat Requirements, Preliminary Objection
Source Language
english
Civil Procedure Affidavit Defects Jurat Requirements Preliminary Objection

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Parties

Felix Francis Mkosamali

Applicant

Jamal A. Tamim

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective due to omission of the attesting officer's name in the jurat

Ratio Decidendi

The affidavit lacked the attesting officer's name in the jurat, and a rubber stamp does not cure this defect, making the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondent