godebeltha joel vs godfrey pesha 2018 tzhc 2689 16 august 2018

godebeltha joel vs godfrey pesha 2018 tzhc 2689 16 august 2018

The counter affidavit failed to comply with the mandatory requirements of Order VI Rule 15(2) of the CPC by not specifying which paragraphs were based on knowledge and which on belief, rendering it defective and liable to be expunged from the court record.

Citation
godebeltha joel vs godfrey pesha 2018 tzhc 2689 16 august 2018
Parties
Applicant: Godebeltha Joel; Respondent: Geofrey Pesha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 August 2018
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Outcome
Preliminary objection sustained; counter affidavit expunged.
Legal Topics
Affidavit Verification, Preliminary Objection, Extension of Time
Source Language
English
Civil Procedure Affidavit Verification Preliminary Objection Extension of Time

Case Brief

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Parties

Godebeltha Joel

Applicant

Geofrey Pesha

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counter affidavit is defective for lack of proper verification clause
  2. 2 Whether the counter affidavit is incompetent for want of address of commissioner for oath

Ratio Decidendi

The counter affidavit failed to comply with the mandatory requirements of Order VI Rule 15(2) of the CPC by not specifying which paragraphs were based on knowledge and which on belief, rendering it defective and liable to be expunged from the court record.

Court Disposition

Preliminary objection sustained; counter affidavit expunged.

Orders

  • Counter affidavit expunged from the court record.