Muse Mbingo

Muse Mbingo

Paragraphs 7, 8, and 10 of the applicant's affidavit are hearsay and inadmissible as they are based on information from others without supporting affidavits. The remaining paragraphs, including those providing reasons for the application, are sufficient for the application to proceed. The preliminary objection partly succeeds to the extent that hearsay paragraphs are struck out, but the application itself is not struck out and will proceed on the merits.

Citation
Muse Mbingo
Parties
Applicant: Muse Mbingo; Respondent: Malenge Nyazoro
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Affidavit Admissibility
Outcome
Preliminary objection partly upheld; application to proceed on remaining affidavit paragraphs.
Legal Topics
Extension of Time, Affidavit Evidence, Hearsay, Verification Clause
Source Language
English
Civil Procedure Land Law Extension of Time Affidavit Evidence Hearsay Verification Clause

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 8 Party arguments 2
Sign in to unlock

Parties

Muse Mbingo

Applicant

Malenge Nyazoro

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Affidavit Admissibility

Legal Issues

  1. 1 Whether paragraphs of the applicant's affidavit contain inadmissible hearsay evidence
  2. 2 Whether the application can proceed after striking out defective affidavit paragraphs

Ratio Decidendi

Paragraphs 7, 8, and 10 of the applicant's affidavit are hearsay and inadmissible as they are based on information from others without supporting affidavits. The remaining paragraphs, including those providing reasons for the application, are sufficient for the application to proceed. The preliminary objection partly succeeds to the extent that hearsay paragraphs are struck out, but the application itself is not struck out and will proceed on the merits.

Court Disposition

Preliminary objection partly upheld; application to proceed on remaining affidavit paragraphs.

Orders

  • Paragraphs 7, 8, and 10 of the applicant's affidavit are struck out as hearsay.
  • Application to proceed to determination on merits on a date to be communicated.