mohamed abdallah wadi vs wener gabriel mplili 2013 tzhc 2185 29 august 2013

Failure of the attesting authority or officer to name his/her name in the jurat of attestation renders the affidavit incurably defective and the application incompetent.

Citation: mohamed abdallah wadi vs wener gabriel mplili 2013 tzhc 2185 29 august 2013
Parties: Applicant: Invocavit Zakayo Mushi; 1st Respondent: Mohamed Abdallah Wadi; 2nd Respondent: Wener Gabriel Mpili
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 August 2013
Procedural Posture: Miscellaneous Land Case Application / Preliminary Objection Ruling
Outcome: Application struck out with costs
Legal Topics: Affidavit Defects, Jurat of Attestation, Preliminary Objection
Source Language: English

Civil Procedure Affidavit Defects Jurat of Attestation Preliminary Objection

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Parties

Invocavit Zakayo Mushi

Applicant

Mohamed Abdallah Wadi

1st Respondent

Wener Gabriel Mpili

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Preliminary Objection Ruling

Legal Issues

1 Whether failure to indicate the name of the attesting officer in the jurat of attestation renders the affidavit incurably defective

Ratio Decidendi

Failure of the attesting authority or officer to name his/her name in the jurat of attestation renders the affidavit incurably defective and the application incompetent.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs