joel nathanel nkinga vs bgs tanzania limited another 2022 tzhcld 1170 15 september 2022

joel nathanel nkinga vs bgs tanzania limited another 2022 tzhcld 1170 15 september 2022

The application was dismissed because the supporting affidavit was tainted with untruth, contained extraneous matters, and had a defective verification clause, and the applicant had already been given an opportunity to amend but failed to cure the defects.

Citation
joel nathanel nkinga vs bgs tanzania limited another 2022 tzhcld 1170 15 september 2022
Parties
Applicant: Joel Nathanael Nkinga; 1st Respondent: BG'S Tanzania Limited; 2nd Respondent: Josina Company Limited & Auctioneer
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 September 2022
Procedural Posture
Application for Land Revision / Ruling on Preliminary Objections
Outcome
Application dismissed with costs
Legal Topics
Affidavit Defects, Preliminary Objections, Execution of Judgments, Revision Proceedings
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objections Execution of Judgments Revision Proceedings

Case Brief

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Parties

Joel Nathanael Nkinga

Applicant

BG'S Tanzania Limited

1st Respondent

Josina Company Limited & Auctioneer

2nd Respondent

Procedural Posture

Application for Land Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is supported by an affidavit tainted with untruth
  2. 2 Whether the affidavit contains extraneous matters
  3. 3 Whether the verification clause in the affidavit is defective

Ratio Decidendi

The application was dismissed because the supporting affidavit was tainted with untruth, contained extraneous matters, and had a defective verification clause, and the applicant had already been given an opportunity to amend but failed to cure the defects.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs