20130829 TZHC Mtwara

Failure to indicate the name of the attesting officer in the jurat of attestation renders the affidavit incurably defective and the application incompetent.

Citation: 20130829 TZHC Mtwara
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 / Ruling on Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Affidavit Defects, Jurat of Attestation, Preliminary Objection
Source Language: English

Civil Procedure Land Law 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 / Ruling on Preliminary Objection

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 to indicate the name of the attesting officer 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.