20181022 TZHC Dar es Salaam

20181022 TZHC Dar es Salaam

Affidavit sworn by one applicant on behalf of others without their written consent and by applicants of different religions is incurably defective and renders the application incompetent.

Citation
20181022 TZHC Dar es Salaam
Parties
Applicant: Flumence Leodgar Lupindu; Applicant: Alex Luandu; Applicant: Hamis a.k.a Hamisi Bonge; Respondent: Christopher M. Nyirabu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Validity, Joint Affidavit, Consent in Affidavits, Religious Requirements for Affidavits
Source Language
English
Civil Procedure Land Law Affidavit Validity Joint Affidavit Consent in Affidavits Religious Requirements for Affidavits

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Parties

Flumence Leodgar Lupindu

Applicant

Alex Luandu

Applicant

Hamis a.k.a Hamisi Bonge

Applicant

Christopher M. Nyirabu

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an affidavit sworn by one applicant on behalf of others without their consent is incurably defective
  2. 2 Whether a joint affidavit by applicants of different religions is valid

Ratio Decidendi

Affidavit sworn by one applicant on behalf of others without their written consent and by applicants of different religions is incurably defective and renders the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs
  • Right of appeal to Court of Appeal of Tanzania explained