gozbert kajuma aother vs marycent shukuru 2023 tzhc 23382 8 december 2023

gozbert kajuma aother vs marycent shukuru 2023 tzhc 23382 8 december 2023

The application is dismissed because the supporting affidavit is incurably defective due to a defective jurat of attestation and unsigned verification clause, and such defects cannot be rectified at this stage. Non-joinder of the third defendant is not fatal as no relief is sought against him and the decree can be effective without his participation.

Citation
gozbert kajuma aother vs marycent shukuru 2023 tzhc 23382 8 december 2023
Parties
Applicant: Gozibert Kajuma; Applicant: Karagwe Changamoto Co. Ltd; Respondent: Marycent Shukuru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Affidavit Defects, Jurat of Attestation, Verification Clause, Non Joinder of Parties, Application Dismissal
Source Language
English
Civil Procedure Land Law Affidavit Defects Jurat of Attestation Verification Clause Non Joinder of Parties Application Dismissal

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Parties

Gozibert Kajuma

Applicant

Karagwe Changamoto Co. Ltd

Applicant

Marycent Shukuru

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit is incurably defective for a defective jurat of attestation
  2. 2 Whether the affidavit contains a defective verification clause
  3. 3 Whether the application is bad in law for non-joinder of a necessary party

Ratio Decidendi

The application is dismissed because the supporting affidavit is incurably defective due to a defective jurat of attestation and unsigned verification clause, and such defects cannot be rectified at this stage. Non-joinder of the third defendant is not fatal as no relief is sought against him and the decree can be effective without his participation.

Court Disposition

Application dismissed

Orders

  • Application dismissed for being accompanied by an incurably defective affidavit.