joseph thomas temu others vs yohana thomas tengere another 2019 tzhc 2140 14 june 2019

joseph thomas temu others vs yohana thomas tengere another 2019 tzhc 2140 14 june 2019

The applicants' affidavit is incurably defective for failing to comply with statutory requirements regarding the jurat of attestation and verification clause, rendering the application incompetent and subject to being struck out.

Citation
joseph thomas temu others vs yohana thomas tengere another 2019 tzhc 2140 14 june 2019
Parties
Applicant: Joseph Thomas Temu; Applicant: Constansia Thomas Temu; Applicant: Willibruga Thomas Temu; Respondent: Yohana Thomas Tengere; Respondent: Pius Thomas Tengere
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Extension of Time, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Extension of Time Preliminary Objection

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Parties

Joseph Thomas Temu

Applicant

Constansia Thomas Temu

Applicant

Willibruga Thomas Temu

Applicant

Yohana Thomas Tengere

Respondent

Pius Thomas Tengere

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicants' affidavit is incurably defective for non-compliance with statutory requirements
  2. 2 Whether the application for extension of time is competent in light of affidavit defects

Ratio Decidendi

The applicants' affidavit is incurably defective for failing to comply with statutory requirements regarding the jurat of attestation and verification clause, rendering the application incompetent and subject to being struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.