20170928 TZHC Arusha
The affidavit supporting the application is defective for failing to state the place and date in the jurat of attestation, rendering the application incompetent.
- Citation
- 20170928 TZHC Arusha
- Parties
- Applicant: Joseph Okoth; Respondent: Jumanne Masonda
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 September 2017
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Affidavit Defect
- Outcome
- Application struck out as incompetent
- Legal Topics
- Affidavit Requirements, Preliminary Objection, Leave to Appeal
- Source Language
- English
Case Brief
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Parties
Joseph Okoth
Applicant
Jumanne Masonda
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Affidavit Defect
Legal Issues
- 1 Whether the applicant's affidavit is incurably defective for failure to state the place and date in the jurat of attestation as required by law
Ratio Decidendi
The affidavit supporting the application is defective for failing to state the place and date in the jurat of attestation, rendering the application incompetent.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for lack of supporting affidavit
- Costs to be paid by the applicant
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