maulid itohe vs shabani hassani bantu and 3 others 2022 tzhc 12721 6 september 2022

maulid itohe vs shabani hassani bantu and 3 others 2022 tzhc 12721 6 september 2022

The verification clause in the supporting affidavit is defective for failing to specify which paragraphs are based on knowledge, belief, or information, rendering the entire affidavit defective and the application incompetent.

Citation
maulid itohe vs shabani hassani bantu and 3 others 2022 tzhc 12721 6 september 2022
Parties
Applicant: Maulid Itohe; 1st Respondent: Shabani Hassani Bantu; 2nd Respondent: Beya Matei; 3rd Respondent: Akwii Andrea; 4th Respondent: Lucas Bong'ee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed for incompetence
Legal Topics
Affidavit Defects, Extension of Time, Verification Clause, Argumentative Paragraphs
Source Language
English
Civil Procedure Land Law Affidavit Defects Extension of Time Verification Clause Argumentative Paragraphs

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Parties

Maulid Itohe

Applicant

Shabani Hassani Bantu

1st Respondent

Beya Matei

2nd Respondent

Akwii Andrea

3rd Respondent

Lucas Bong'ee

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is defective for being sworn by an advocate who did not conduct previous proceedings
  2. 2 Whether paragraphs 13 and 14 of the affidavit are argumentative and should be expunged
  3. 3 Whether paragraph 19 contains prayers and breaches any legal provision

Ratio Decidendi

The verification clause in the supporting affidavit is defective for failing to specify which paragraphs are based on knowledge, belief, or information, rendering the entire affidavit defective and the application incompetent.

Court Disposition

Application dismissed for incompetence

Orders

  • No order as to costs