20130614 TZCA Arusha

20130614 TZCA Arusha

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; therefore, the application is incompetent and must be struck out.

Citation
20130614 TZCA Arusha
Parties
Applicant: M/s Bulk Distributors Limited; Respondent: Happyness William Mollel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 June 2013
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Revisional Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Revisional Jurisdiction Preliminary Objection

Case Brief

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Parties

M/s 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 for lack of the attesting officer's name in the jurat
  2. 2 Whether such a defect can be cured by amendment

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; 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