george rugaimukamu kakoti vs joseph shumbusho others 2022 tzhc 9886 31 may 2022

george rugaimukamu kakoti vs joseph shumbusho others 2022 tzhc 9886 31 may 2022

The omission to indicate the place of attestation in the jurat of the supporting affidavit is a fatal defect under section 8 of Cap. 12, rendering the affidavit incurably defective and leaving the application without a valid supporting affidavit. This defect cannot be cured by the principle of overriding objective or by amendment. Consequently, the application is incompetent and must be struck out.

Citation
george rugaimukamu kakoti vs joseph shumbusho others 2022 tzhc 9886 31 may 2022
Parties
Applicant: George Rugaimukamu Kakoti; 1st Respondent: Joseph Shumbusho; 2nd Respondent: Mary Tigwera; 3rd Respondent: James Rugaimukamu; 4th Respondent: David Kakoti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Revocation of Grant of Letters of Administration, Jurisdiction, Defective Affidavit, Citation of Law, Jurat of Attestation
Source Language
English
Probate and Administration Civil Procedure Revocation of Grant of Letters of Administration Jurisdiction Defective Affidavit Citation of Law Jurat of Attestation

Case Brief

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Parties

George Rugaimukamu Kakoti

Applicant

Joseph Shumbusho

1st Respondent

Mary Tigwera

2nd Respondent

James Rugaimukamu

3rd Respondent

David Kakoti

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application for revocation of grant of letters of administration after confirmation by the Court of Appeal
  2. 2 Whether the application is incompetent due to wrong citation of the enabling law
  3. 3 Whether the supporting affidavit is incurably defective for containing arguments, prayers, conclusions, or extraneous matters

Ratio Decidendi

The omission to indicate the place of attestation in the jurat of the supporting affidavit is a fatal defect under section 8 of Cap. 12, rendering the affidavit incurably defective and leaving the application without a valid supporting affidavit. This defect cannot be cured by the principle of overriding objective or by amendment. Consequently, the application is incompetent and must be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out for being incompetent due to incurably defective affidavit
  • No order as to costs