jamal s nkumba another vs attorney general 2021 tzca 756 15 december 2021

jamal s nkumba another vs attorney general 2021 tzca 756 15 december 2021

The affidavit supporting the application contained an improper verification clause and an extraneous paragraph with arguments and conclusions. The court expunged the offensive paragraph as inconsequential and found the verification clause defective. However, in the interest of substantive justice and absence of prejudice to the respondent, the court exercised its discretion to allow the applicant to amend the affidavit within 30 days to cure the defect.

Citation
jamal s nkumba another vs attorney general 2021 tzca 756 15 december 2021
Parties
Applicant: Jamal S. Mkumba; Applicant: Abdallah Issa Namangu; Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 December 2021
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Restoration of Dismissed Appeal
Outcome
Preliminary objection partly upheld; applicant granted leave to amend affidavit within 30 days; costs in the cause.
Legal Topics
Affidavit Defects, Verification Clause, Restoration of Appeal, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Verification Clause Restoration of Appeal Preliminary Objection

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Parties

Jamal S. Mkumba

Applicant

Abdallah Issa Namangu

Applicant

Attorney General

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Restoration of Dismissed Appeal

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective due to an improper verification clause
  2. 2 Whether the affidavit contains extraneous matters such as arguments and conclusions, rendering the application incompetent

Ratio Decidendi

The affidavit supporting the application contained an improper verification clause and an extraneous paragraph with arguments and conclusions. The court expunged the offensive paragraph as inconsequential and found the verification clause defective. However, in the interest of substantive justice and absence of prejudice to the respondent, the court exercised its discretion to allow the applicant to amend the affidavit within 30 days to cure the defect.

Court Disposition

Preliminary objection partly upheld; applicant granted leave to amend affidavit within 30 days; costs in the cause.

Orders

  • Paragraph 7 of the affidavit expunged as extraneous.
  • Applicant to file amended affidavit with proper verification clause within 30 days from the date of the ruling.