20130322 TZCA Arusha

Failure to state the place in the jurat of attestation of an affidavit is a fatal defect under section 8 of the Notaries Public and Commissioners for Oaths Act, rendering the application incompetent.

Citation: 20130322 TZCA Arusha
Parties: Applicant: Hadija Adam; Respondent: Godbless Tumbo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 March 2013
Procedural Posture: Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Application for Stay of Execution
Outcome: Application struck out with costs
Legal Topics: Affidavit Defects, Extension of Time, Stay of Execution, Preliminary Objection
Source Language: English

Civil Procedure Affidavit Defects Extension of Time Stay of Execution Preliminary Objection

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Parties

Hadija Adam

Applicant

Godbless Tumbo

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Application for Stay of Execution

Legal Issues

1 Whether failure to state the place where the 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 in the jurat of attestation of an affidavit is a fatal defect under section 8 of the Notaries Public and Commissioners for Oaths Act, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs