20160729 TZHC Dar es Salaam

A defective affidavit for failure to specify verification of knowledge and belief is not a fatal irregularity; the applicant should be given an opportunity to file a properly verified affidavit.

Citation: 20160729 TZHC Dar es Salaam
Parties: Applicant: Francis Joseph Matunda; 1st Respondent: Peter Ludovic; 2nd Respondent: Bashiru Issa Murashani; 3rd Respondent: Milembe Insurance Co. Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 July 2016
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Affidavit struck out; leave granted to file proper affidavit; no order as to costs
Legal Topics: Affidavit Verification, Extension of Time, Preliminary Objection
Source Language: English

Civil Procedure Affidavit Verification Extension of Time Preliminary Objection

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Parties

Francis Joseph Matunda

Applicant

Peter Ludovic

1st Respondent

Bashiru Issa Murashani

2nd Respondent

Milembe Insurance Co. Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether a defective affidavit renders the application incompetent and liable to be struck out
2 Whether failure to specify verification of knowledge and belief in affidavit is a fatal irregularity

Ratio Decidendi

A defective affidavit for failure to specify verification of knowledge and belief is not a fatal irregularity; the applicant should be given an opportunity to file a properly verified affidavit.

Court Disposition

Affidavit struck out; leave granted to file proper affidavit; no order as to costs

Orders

Affidavit sworn by Julius Lazaro Manjeka is struck out
Applicant granted leave to file a proper verified affidavit limited to disclosure/specification of source of facts