john marungi vs ushashi ginneries company ltd 2010 tzhc 211 21 september 2010

The affidavit supporting the application for extension of time is incurably defective for failing to state the place and the name of the commissioner for oaths in the jurat, as required by section 8 of the Notaries Public and Commissioner for Oaths Act (Cap 12 RE 2002), and therefore the application is struck out.

Citation: john marungi vs ushashi ginneries company ltd 2010 tzhc 211 21 september 2010
Parties: Appellant: John Marungi; Respondent: Ushashi Ginnerries Company Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 September 2010
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection to Application for Extension of Time
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

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Parties

John Marungi

Appellant

Ushashi Ginnerries Company Ltd

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Court Disposition

application struck out

Orders

Application struck out with no order as to costs. Applicant may file a fresh application in compliance with the law.