Misc

Misc

The affidavits supporting the application were incurably defective for lack of a jurat of attestation, absence of an official seal or stamp, and improper verification. These defects are substantive and not curable by amendment or the overriding objective principle. The application is incompetent and must be struck out.

Citation
Misc
Parties
Applicant: Jacob Nehemiah Mushi; 1st Respondent: The Commissioner for Land; 2nd Respondent: The Honourable Attorney General; 3rd Respondent: Thuweba Omary Kilemba; 4th Respondent: Mussa Hussein Khamis; 5th Respondent: John Mwondoka Gudaba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Jurat of Attestation, Verification Clause, Commissioner for Oaths Requirements, Striking Out Applications
Source Language
English
Civil Procedure Land Law Affidavit Defects Jurat of Attestation Verification Clause Commissioner for Oaths Requirements Striking Out Applications

Case Brief

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Parties

Jacob Nehemiah Mushi

Applicant

The Commissioner for Land

1st Respondent

The Honourable Attorney General

2nd Respondent

Thuweba Omary Kilemba

3rd Respondent

Mussa Hussein Khamis

4th Respondent

John Mwondoka Gudaba

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective for lack of a jurat of attestation
  2. 2 Whether the supplementary affidavit is defective due to the absence of valid attestation
  3. 3 Whether the supplementary affidavit is defective for containing an improper verification clause

Ratio Decidendi

The affidavits supporting the application were incurably defective for lack of a jurat of attestation, absence of an official seal or stamp, and improper verification. These defects are substantive and not curable by amendment or the overriding objective principle. The application is incompetent and must be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs