jackson isaka ziguye vs nikodemu kayeghe 2024 tzhc 541 28 february 2024
The act of affirming instead of swearing in an affidavit does not render the affidavit defective; the trial tribunal erred in striking out the application on this ground.
- Citation
- jackson isaka ziguye vs nikodemu kayeghe 2024 tzhc 541 28 february 2024
- Parties
- Appellant: Jackson Isaka Ziguye; Respondent: Nikodemu Kayeghe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2024
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Affidavit Validity, Swearing Vs Affirming, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jackson Isaka Ziguye
Appellant
Nikodemu Kayeghe
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial tribunal erred by striking out the application due to the appellant affirming instead of swearing the affidavit
Ratio Decidendi
The act of affirming instead of swearing in an affidavit does not render the affidavit defective; the trial tribunal erred in striking out the application on this ground.
Court Disposition
Appeal allowed
Orders
- Decision and order of the trial tribunal quashed and set aside
- Original case file remitted to the trial tribunal for hearing on merits
Full Case Text
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