hamisi nkindwa and another versus kisarage elias nyaga 2023 tzhc 23056 24 november 2023

hamisi nkindwa and another versus kisarage elias nyaga 2023 tzhc 23056 24 november 2023

The affidavit supporting the application was incurably defective because it was deponed by an advocate who did not state her capacity or source of information, which is a substantive defect that cannot be cured by amendment. Therefore, the application is incompetent and must be struck out.

Source-derived case information.

Citation
hamisi nkindwa and another versus kisarage elias nyaga 2023 tzhc 23056 24 november 2023
Parties
Applicant: Hamis Nkindwa; Applicant: Peter Amos; Respondent: Kasarage Elias Nyaga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2023
Procedural Posture
Land Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Affidavit Defects, Preliminary Objection, Extension of Time, Jurat of Attestation
Source Language
english
Civil Procedure Land Law Affidavit Defects Preliminary Objection Extension of Time Jurat of Attestation

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Parties

Hamis Nkindwa

Applicant

Peter Amos

Applicant

Kasarage Elias Nyaga

Respondent

Procedural Posture

Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective for failure to disclose the deponent's capacity and source of information
  2. 2 Whether the defect is substantive or curable by amendment

Ratio Decidendi

The affidavit supporting the application was incurably defective because it was deponed by an advocate who did not state her capacity or source of information, which is a substantive defect that cannot be cured by amendment. Therefore, the application is incompetent and must be struck out.

Court Disposition

application struck out with costs

Orders

  • The application is struck out for being incompetent.
  • Costs awarded to the respondent.