kapongo mohamed kondo vs registered trustees of aict church tabora 2 others 2023 tzhc 18496 23 june 2023

kapongo mohamed kondo vs registered trustees of aict church tabora 2 others 2023 tzhc 18496 23 june 2023

The applicant was only granted leave to amend the name of the 1st respondent on the pleadings and not to amend or substitute the affidavit. The amended affidavit filed without leave is invalid and cannot support the application, rendering the application incompetent.

Citation
kapongo mohamed kondo vs registered trustees of aict church tabora 2 others 2023 tzhc 18496 23 june 2023
Parties
Applicant: Kapongo Mohamed Kondo; 1st Respondent: Registered Trustees of AICT Church Tabora; 2nd Respondent: Tabora Municipal Council; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Amendment of Pleadings, Affidavit Validity, Preliminary Objection, Injunctive Relief
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Affidavit Validity Preliminary Objection Injunctive Relief

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Parties

Kapongo Mohamed Kondo

Applicant

Registered Trustees of AICT Church Tabora

1st Respondent

Tabora Municipal Council

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the amended affidavit is incurably defective for contravening section 8 of the Notaries Public and Commissioners for Oaths Act
  2. 2 Whether the applicant was granted leave to amend the affidavit or only the name of the 1st respondent on the pleadings

Ratio Decidendi

The applicant was only granted leave to amend the name of the 1st respondent on the pleadings and not to amend or substitute the affidavit. The amended affidavit filed without leave is invalid and cannot support the application, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs