lazaro bajuta 18 others vs daniel tewa 2022 tzhc 10061 13 june 2022

lazaro bajuta 18 others vs daniel tewa 2022 tzhc 10061 13 june 2022

The affidavit in support of the application was incurably defective due to a general verification clause failing to distinguish between facts based on personal knowledge and those based on information or belief, rendering the entire application incompetent and subject to being struck out.

Citation
lazaro bajuta 18 others vs daniel tewa 2022 tzhc 10061 13 june 2022
Parties
Applicant: Lazaro Bajuta; Applicant: Lameck Chacha; Applicant: Jackline Rwezaula; Applicant: Elisifa Amma; Applicant: Joseph Samwel Mtui; Applicant: Joseph Slaa Bayyo; Applicant: Hayshi Tarmo Sule; Applicant: Paulo Safari Tek; Applicant: James Paulo; Applicant: Moshi Manonga Sulle; Applicant: Sixbert S.T. Teko; Applicant: Gabriel Hiiti Sarwatt; Applicant: Epimack Margwe; Applicant: Paulo Peter William; Applicant: Vitalis Virgil Jacob; Applicant: Faustine Safari Teko; Applicant: Augustino Bura Amnaay; Applicant: Lala Noya Sulle; Applicant: Christopher Kastuli Matle; Respondent: Daniel Awet Tewa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 June 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Qualification of Advocate, Preliminary Objections, Ex Parte Judgment, Setting Aside Ex Parte Decree
Source Language
English
Civil Procedure Land Law Affidavit Defects Qualification of Advocate Preliminary Objections Ex Parte Judgment Setting Aside Ex Parte Decree

Case Brief

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Parties

Lazaro Bajuta

Applicant

Lameck Chacha

Applicant

Jackline Rwezaula

Applicant

Elisifa Amma

Applicant

Joseph Samwel Mtui

Applicant

Joseph Slaa Bayyo

Applicant

Hayshi Tarmo Sule

Applicant

Paulo Safari Tek

Applicant

James Paulo

Applicant

Moshi Manonga Sulle

Applicant

Sixbert S.T. Teko

Applicant

Gabriel Hiiti Sarwatt

Applicant

Epimack Margwe

Applicant

Paulo Peter William

Applicant

Vitalis Virgil Jacob

Applicant

Faustine Safari Teko

Applicant

Augustino Bura Amnaay

Applicant

Lala Noya Sulle

Applicant

Christopher Kastuli Matle

Applicant

Daniel Awet Tewa

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application was commenced by an unqualified person
  2. 2 Whether the supporting affidavit was incurably defective
  3. 3 Whether the affidavit was based on hearsay

Ratio Decidendi

The affidavit in support of the application was incurably defective due to a general verification clause failing to distinguish between facts based on personal knowledge and those based on information or belief, rendering the entire application incompetent and subject to being struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for being supported by an incurably defective affidavit.
  • Costs awarded to the respondent.