makoye kintoki vs hussein khan 2016 tzhc 2293 21 april 2016

makoye kintoki vs hussein khan 2016 tzhc 2293 21 april 2016

The unsigned affidavit in court record cannot be substituted by a signed copy from parties’ records; the affidavit remains incurably defective, rendering the application incompetent and liable to be struck out.

Citation
makoye kintoki vs hussein khan 2016 tzhc 2293 21 april 2016
Parties
Applicant: Makoye Kintoki; Respondent: Hussein Khan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 April 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Court Raised Issue Regarding Affidavit Defect
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Extension of Time, Court Records, Costs
Source Language
English
Civil Procedure Affidavit Defects Extension of Time Court Records Costs

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Parties

Makoye Kintoki

Applicant

Hussein Khan

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Court Raised Issue Regarding Affidavit Defect

Legal Issues

  1. 1 Whether an unsigned affidavit in court record can be substituted by a signed copy from parties' records
  2. 2 Legal effect of failure to sign verification clause and jurat of attestation

Ratio Decidendi

The unsigned affidavit in court record cannot be substituted by a signed copy from parties’ records; the affidavit remains incurably defective, rendering the application incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Each party to bear own costs
  • No further submissions required regarding preliminary objection