20100921 TZHC Mwanza

20100921 TZHC Mwanza

The affidavit supporting the application is incurably defective for failing to state the place and name of the commissioner for oaths in the jurat, as required by section 8 of the Notaries Public and Commissioner of Oaths Act, and thus the application is struck out.

Citation
20100921 TZHC Mwanza
Parties
Appellant: John Marungi; Respondent: Ushashi Ginneries Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2010
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection in Application for Extension of Time to Appeal
Outcome
application struck out
Legal Topics
Affidavit Defects, Jurat Requirements, Extension of Time, Preliminary Objection
Source Language
English
Civil Procedure Labour Law Affidavit Defects Jurat Requirements Extension of Time Preliminary Objection

Case Brief

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Parties

John Marungi

Appellant

Ushashi Ginneries Company Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection in Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective for failure to state the place and name of the commissioner for oaths in the jurat

Ratio Decidendi

The affidavit supporting the application is incurably defective for failing to state the place and name of the commissioner for oaths in the jurat, as required by section 8 of the Notaries Public and Commissioner of Oaths Act, and thus the application is struck out.

Court Disposition

application struck out

Orders

  • Application struck out for being supported by a defective affidavit.
  • No order as to costs as the matter emanates from a labour dispute.