kahama mining corporation ltd vs lucas b nyanda 2014 tzca 2137 22 may 2014

kahama mining corporation ltd vs lucas b nyanda 2014 tzca 2137 22 may 2014

The omission to disclose the name of the attesting officer in the jurat does not render the application incompetent; the applicant should be allowed to file a fresh affidavit with the correct jurat within a month.

Citation
kahama mining corporation ltd vs lucas b nyanda 2014 tzca 2137 22 may 2014
Parties
Applicant: Kahama Mining Corporation Ltd; Respondent: Lucas B. Nyanda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 2014
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Affidavit Defects, Preliminary Objection, Revision Proceedings
Source Language
English
Civil Procedure Affidavit Defects Preliminary Objection Revision Proceedings

Case Brief

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Parties

Kahama Mining Corporation Ltd

Applicant

Lucas B. Nyanda

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to disclose the name of the attesting officer in the jurat renders the affidavit incurably defective and the application incompetent

Ratio Decidendi

The omission to disclose the name of the attesting officer in the jurat does not render the application incompetent; the applicant should be allowed to file a fresh affidavit with the correct jurat within a month.

Court Disposition

Preliminary objection overruled

Orders

  • Applicant allowed to file a fresh affidavit disclosing the name of the attesting officer within one month
  • No order as to costs