lisa e peter vs al hushoom investment 2016 tzca 902 20 september 2016

lisa e peter vs al hushoom investment 2016 tzca 902 20 september 2016

The affidavit was invalid for lack of the applicant's signature below the verification clause, which is a mandatory requirement to affirm the genuineness and authenticity of the deposed allegations. As a result, the application was fatally vitiated and struck out.

Citation
lisa e peter vs al hushoom investment 2016 tzca 902 20 september 2016
Parties
Applicant: Lisa E. Peter; Respondent: Al-Hushoom Investment
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 September 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Affidavit in Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Affidavit Requirements, Extension of Time, Verification Clause, Striking Out Applications
Source Language
English
Civil Procedure Affidavit Requirements Extension of Time Verification Clause Striking Out Applications

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Parties

Lisa E. Peter

Applicant

Al-Hushoom Investment

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Affidavit in Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant's affidavit is invalid for lack of signature below the verification clause
  2. 2 Whether the affidavit lacks proper verification as to means of knowledge or source of information

Ratio Decidendi

The affidavit was invalid for lack of the applicant's signature below the verification clause, which is a mandatory requirement to affirm the genuineness and authenticity of the deposed allegations. As a result, the application was fatally vitiated and struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.