mussa chibutu vs susana lichindika 2016 tzhc 2193 7 december 2016

mussa chibutu vs susana lichindika 2016 tzhc 2193 7 december 2016

The affidavit in support of the application was defective for containing prayers and for lacking proper signature, date, and place in the verification clause and jurat of attestation, rendering the application incompetent.

Citation
mussa chibutu vs susana lichindika 2016 tzhc 2193 7 december 2016
Parties
Applicant: Mussa Chibutu; Respondent: Susana Lichindika
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 December 2016
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Extension of Time, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Extension of Time Preliminary Objection

Case Brief

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Parties

Mussa Chibutu

Applicant

Susana Lichindika

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is legally valid
  2. 2 Whether the application for extension of time is competent

Ratio Decidendi

The affidavit in support of the application was defective for containing prayers and for lacking proper signature, date, and place in the verification clause and jurat of attestation, rendering the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order for costs