sebastian rugaimukamu kakoti tigwera vas joseph shumbusho 2011 tzhc 2070 7 february 2011
The joint affidavit complied with section 8 of the Notaries Public and Commissioners for Oaths Act as its jurat clearly stated the place and date of swearing; therefore, the preliminary objection was baseless and dismissed.
- Citation
- sebastian rugaimukamu kakoti tigwera vas joseph shumbusho 2011 tzhc 2070 7 february 2011
- Parties
- Applicant: Mary Grace Tigwera; Applicant: James Rugaimukamu; Applicant: David Rugaimukamu Kakoti; Respondent: Joseph Shumbusho
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 February 2011
- Procedural Posture
- Probate and Administration Cause / Ruling on Preliminary Objection
- Outcome
- Preliminary objection dismissed with costs
- Legal Topics
- Affidavit Validity, Letters of Administration, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mary Grace Tigwera
Applicant
James Rugaimukamu
Applicant
David Rugaimukamu Kakoti
Applicant
Joseph Shumbusho
Respondent
Procedural Posture
Probate and Administration Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the joint affidavit supporting the application is incurably defective for contravening section 8 of the Notaries Public and Commissioners for Oaths Act
Ratio Decidendi
The joint affidavit complied with section 8 of the Notaries Public and Commissioners for Oaths Act as its jurat clearly stated the place and date of swearing; therefore, the preliminary objection was baseless and dismissed.
Court Disposition
Preliminary objection dismissed with costs
Orders
- Preliminary objection dismissed
- Costs awarded to applicants
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