finca microfinance bank vs jalala hussein 2022 tzhc 14496 30 september 2022

finca microfinance bank vs jalala hussein 2022 tzhc 14496 30 september 2022

The affidavit supporting the application is incurably defective for lack of proper verification and a defective jurat of attestation, both being mandatory procedural requirements. The defects are not curable by amendment under the overriding objective principle. The application is incompetent and must be struck out.

Citation
finca microfinance bank vs jalala hussein 2022 tzhc 14496 30 september 2022
Parties
Applicant: FINCA Microfinance Bank; Respondent: Jalala Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Labour Revision / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Affidavit Defects, Verification Clause, Jurat of Attestation, Notice of Representation, Overriding Objective Principle
Source Language
English
Labour Law Civil Procedure Affidavit Defects Verification Clause Jurat of Attestation Notice of Representation Overriding Objective Principle

Case Brief

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Parties

FINCA Microfinance Bank

Applicant

Jalala Hussein

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective for improper verification
  2. 2 Whether the jurat of attestation is defective for failing to state if the deponent was known or introduced to the commissioner for oaths
  3. 3 Whether the notice of representation is defective for not naming the specific advocate

Ratio Decidendi

The affidavit supporting the application is incurably defective for lack of proper verification and a defective jurat of attestation, both being mandatory procedural requirements. The defects are not curable by amendment under the overriding objective principle. The application is incompetent and must be struck out.

Court Disposition

Application struck out

Orders

  • Application struck out for being incompetent due to defective affidavit and jurat of attestation
  • No order as to costs