ms bulk distributors limited vs happyness william mollel 2013 tzca 370 18 june 2013

ms bulk distributors limited vs happyness william mollel 2013 tzca 370 18 june 2013

The omission of the attesting officer's name in the jurat of attestation rendered the affidavit incurably defective, and such a defect cannot be cured by amendment or waived by the parties. Therefore, the application is incompetent and must be struck out.

Citation
ms bulk distributors limited vs happyness william mollel 2013 tzca 370 18 june 2013
Parties
Applicant: MIS BULK DISTRIBUTORS LIMITED; Respondent: HAPPYNESS WILLIAM MOLLEL
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 June 2013
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Jurat of Attestation, Revisional Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Jurat of Attestation Revisional Jurisdiction Preliminary Objection

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Parties

MIS BULK DISTRIBUTORS LIMITED

Applicant

HAPPYNESS WILLIAM MOLLEL

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the Notice of Motion is incurably defective due to omission of the attesting officer's name in the jurat
  2. 2 Whether such a defect can be cured by amendment
  3. 3 Whether an incurably defective affidavit can support a Notice of Motion

Ratio Decidendi

The omission of the attesting officer's name in the jurat of attestation rendered the affidavit incurably defective, and such a defect cannot be cured by amendment or waived by the parties. Therefore, the application is incompetent and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.