20151030 TZHC Dodoma

20151030 TZHC Dodoma

The affidavit is defective for containing a prayer and lacking a proper verification clause; however, the applicant is granted leave to file a fresh affidavit with proper verification.

Citation
20151030 TZHC Dodoma
Parties
Applicant: Jumapili Leba; Respondent: Agnes Mtamba; Respondent: Majembe Auction Mart & Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Objection upheld; leave granted to file fresh affidavit
Legal Topics
Affidavit Defects, Verification Clause, Preliminary Objections
Source Language
English
Civil Procedure Land Law Affidavit Defects Verification Clause Preliminary Objections

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jumapili Leba

Applicant

Agnes Mtamba

Respondent

Majembe Auction Mart & Court Broker

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit is defective for containing a prayer
  2. 2 Whether the verification clause is defective for not disclosing place and date

Ratio Decidendi

The affidavit is defective for containing a prayer and lacking a proper verification clause; however, the applicant is granted leave to file a fresh affidavit with proper verification.

Court Disposition

Objection upheld; leave granted to file fresh affidavit

Orders

  • Paragraph 6 of the affidavit is struck out
  • Applicant granted leave to file a fresh affidavit with proper verification clause