michael clement juma vs abdalla mfaume mdongwa 3 others 2022 tzhclandd 12495 6 october 2022

michael clement juma vs abdalla mfaume mdongwa 3 others 2022 tzhclandd 12495 6 october 2022

The affidavit supporting the application is defective for lack of verification of subparagraphs and failure to disclose sources of information, but the defect is curable by allowing the applicant to file a fresh, properly verified affidavit within seven days.

Citation
michael clement juma vs abdalla mfaume mdongwa 3 others 2022 tzhclandd 12495 6 october 2022
Parties
Applicant: Michael Clement; Respondent: Abdallah Mfaume Mdogwa; Respondent: Mafaume Mdogwa; Necessary Party: Commissioner for Land; Necessary Party: The Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Affidavit Defects
Outcome
Leave granted to amend affidavit
Legal Topics
Affidavit Verification, Amendment of Defective Affidavits, Civil Procedure Code Compliance
Source Language
English
Civil Procedure Land Law Affidavit Verification Amendment of Defective Affidavits Civil Procedure Code Compliance

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Parties

Michael Clement

Applicant

Abdallah Mfaume Mdogwa

Respondent

Mafaume Mdogwa

Respondent

Commissioner for Land

Necessary Party

The Hon. Attorney General

Necessary Party

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Affidavit Defects

Legal Issues

  1. 1 Whether the affidavit supporting the application is properly verified
  2. 2 Whether the applicant can be allowed to amend the verification of the affidavit

Ratio Decidendi

The affidavit supporting the application is defective for lack of verification of subparagraphs and failure to disclose sources of information, but the defect is curable by allowing the applicant to file a fresh, properly verified affidavit within seven days.

Court Disposition

Leave granted to amend affidavit

Orders

  • Applicant to file a fresh and properly verified affidavit within seven days from the date of the ruling.