20060804 TZHC Dar es Salaam

20060804 TZHC Dar es Salaam

The affidavit in support of the application is incurably defective for failing to state both the place and date in the jurat as required by section 8 of the Notaries Public and Commissioners for Oaths Ordinance, Cap 12. This defect is fatal and renders the application incompetent. Additionally, the application, being a representative proceeding, required compliance with Order I Rule 8 of the Civil Procedure Code, 1966, which was not done. Both defects justify striking out the application.

Citation
20060804 TZHC Dar es Salaam
Parties
Applicant: Hashim Jongo and 41 Others; Respondent: Attorney General; Respondent: Tanzania Revenue Authority (T.R.A)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2006
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Validity, Representative Suits, Prerogative Orders, Procedural Compliance
Source Language
English
Civil Procedure Administrative Law Affidavit Validity Representative Suits Prerogative Orders Procedural Compliance

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Parties

Hashim Jongo and 41 Others

Applicant

Attorney General

Respondent

Tanzania Revenue Authority (T.R.A)

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for failure to state place and date in the jurat as required by law
  2. 2 Whether the application contravenes Order I Rule 8 of the Civil Procedure Code, 1966 regarding representative suits

Ratio Decidendi

The affidavit in support of the application is incurably defective for failing to state both the place and date in the jurat as required by section 8 of the Notaries Public and Commissioners for Oaths Ordinance, Cap 12. This defect is fatal and renders the application incompetent. Additionally, the application, being a representative proceeding, required compliance with Order I Rule 8 of the Civil Procedure Code, 1966, which was not done. Both defects justify striking out the application.

Court Disposition

Application struck out with costs

Orders

  • The supporting affidavit is struck out as incurably defective.
  • The application is struck out as incompetent and improperly before the court.