konstantine adolfu vs martin adolfu 2 others 2023 tzhc 22817 12 october 2023

konstantine adolfu vs martin adolfu 2 others 2023 tzhc 22817 12 october 2023

Paragraphs 3, 5, 6, and 8 of the joint counter affidavit contain argumentative, prayers, legal opinion, or conclusions and are expunged. The affidavit bears the name of a person not party to the application, requiring amendment to insert the correct name.

Citation
konstantine adolfu vs martin adolfu 2 others 2023 tzhc 22817 12 october 2023
Parties
Applicant: Konstantine Adolfu; 1st Respondent: Martin Adolfu; 2nd Respondent: Sixfridi Rogati; 3rd Respondent: Jibril Adolfu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 October 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Preliminary objections partly sustained
Legal Topics
Affidavit Defects, Preliminary Objections, Amendment of Pleadings
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objections Amendment of Pleadings

Case Brief

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Parties

Konstantine Adolfu

Applicant

Martin Adolfu

1st Respondent

Sixfridi Rogati

2nd Respondent

Jibril Adolfu

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the joint counter affidavit is fatally incompetent for containing argumentative, prayers, legal opinion, or conclusions
  2. 2 Whether the application is incompetent for being supported by a defective affidavit
  3. 3 Whether the jurat of attestation is defective

Ratio Decidendi

Paragraphs 3, 5, 6, and 8 of the joint counter affidavit contain argumentative, prayers, legal opinion, or conclusions and are expunged. The affidavit bears the name of a person not party to the application, requiring amendment to insert the correct name.

Court Disposition

Preliminary objections partly sustained

Orders

  • Paragraphs 3, 5, 6, and 8 of the joint counter affidavit expunged
  • Second and third respondents granted leave to amend joint counter affidavit to insert correct name within 7 days