20130624 TZHC Dar es Salaam

20130624 TZHC Dar es Salaam

The affidavit supporting the application is incurably defective due to the absence of the attesting officer's name in the jurat, rendering the application incompetent and necessitating its striking out. However, sufficient cause was shown for granting leave to file a proper application out of time.

Source-derived case information.

Citation
20130624 TZHC Dar es Salaam
Parties
Applicant: Mbagala Spiritual Centre; Respondent: Francis M. Hhayuma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2013
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent; leave granted to file proper application within seven days.
Legal Topics
Defective Affidavit, Jurat Requirements, Extension of Time, Preliminary Objection
Source Language
english
Labour Law Civil Procedure Defective Affidavit Jurat Requirements Extension of Time Preliminary Objection

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Parties

Mbagala Spiritual Centre

Applicant

Francis M. Hhayuma

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective due to lack of the attesting officer's name in the jurat
  2. 2 Whether the applicant should be granted leave to file a proper application out of time

Ratio Decidendi

The affidavit supporting the application is incurably defective due to the absence of the attesting officer's name in the jurat, rendering the application incompetent and necessitating its striking out. However, sufficient cause was shown for granting leave to file a proper application out of time.

Court Disposition

Application struck out as incompetent; leave granted to file proper application within seven days.

Orders

  • Application struck out for being incompetent due to defective affidavit.
  • Applicant granted leave to file a proper application within seven days from the date of the ruling.