hadija adam vs godbless tumbo 2013 tzca 299 22 march 2013

Failure to state the place where the affidavit was sworn is a fatal defect under section 8 of the Notaries Public and Commissioner for Oaths Act, rendering the application incompetent.

Citation: hadija adam vs godbless tumbo 2013 tzca 299 22 march 2013
Parties: Applicant: Hadija Adam; Respondent: Godbless Tumbo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 March 2013
Procedural Posture: Civil Application / Ruling on Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Affidavit Defects, Stay of Execution
Source Language: English

Civil Procedure Extension of Time Affidavit Defects Stay of Execution

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Parties

Hadija Adam

Applicant

Godbless Tumbo

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether failure to disclose the place where an affidavit was sworn renders the application incompetent under section 8 of the Notaries Public and Commissioner for Oaths Act

Ratio Decidendi

Failure to state the place where the affidavit was sworn is a fatal defect under section 8 of the Notaries Public and Commissioner for Oaths Act, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

Application struck out as incompetent
Applicant to pay costs