20130618 TZCA Arusha

20130618 TZCA Arusha

The omission of the attesting officer's name in the jurat of attestation renders the affidavit incurably defective, and such a defect cannot be cured by amendment. An incurably defective affidavit cannot support the Notice of Motion, making the application incompetent.

Citation
20130618 TZCA Arusha
Parties
Applicant: M/S 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, Revisional Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Revisional Jurisdiction Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

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 application 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 renders the affidavit incurably defective, and such a defect cannot be cured by amendment. An incurably defective affidavit cannot support the Notice of Motion, making the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.