finca microfinance vs jalala hussein 2023 tzhc 18870 14 july 2023

finca microfinance vs jalala hussein 2023 tzhc 18870 14 july 2023

The affidavit supporting the application was fatally defective due to verification of non-existent paragraphs, failure to verify material paragraphs, and a defective jurat. These defects are fundamental, not curable by amendment or the overriding objective principle. The application is incompetent and must be struck out.

Citation
finca microfinance vs jalala hussein 2023 tzhc 18870 14 july 2023
Parties
Applicant: FINCA Microfinance; Respondent: Jalala Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 July 2023
Procedural Posture
Miscellaneous Labour Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Defects, Verification Clause, Jurat of Attestation, Preliminary Objection, Overriding Objective Principle
Source Language
English
Labour Law Civil Procedure Affidavit Defects Verification Clause Jurat of Attestation Preliminary Objection Overriding Objective Principle

Case Brief

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Parties

FINCA Microfinance

Applicant

Jalala Hussein

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is fatally defective for improper verification and jurat of attestation
  2. 2 Whether the defects in the affidavit are curable or render the application incompetent

Ratio Decidendi

The affidavit supporting the application was fatally defective due to verification of non-existent paragraphs, failure to verify material paragraphs, and a defective jurat. These defects are fundamental, not curable by amendment or the overriding objective principle. The application is incompetent and must be struck out.

Court Disposition

Application struck out

Orders

  • The preliminary objection is sustained to the extent stated.
  • The application is struck out for incompetence.