njombe district council vs edwin malekela 2020 tzhc 3252 16 october 2020

njombe district council vs edwin malekela 2020 tzhc 3252 16 october 2020

The affidavit supporting the application was defective for verifying facts purportedly within the deponent's own knowledge when he was not a party to the underlying proceedings and failed to disclose the source of information, rendering the application incompetent and liable to be struck out.

Citation
njombe district council vs edwin malekela 2020 tzhc 3252 16 october 2020
Parties
Applicant: Njombe District Council; Respondent: Edwin Malekela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2020
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Verification Clause, Disclosure of Information, Extension of Time, Stay of Execution
Source Language
English
Civil Procedure Land Law Affidavit Defects Verification Clause Disclosure of Information Extension of Time Stay of Execution

Case Brief

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Parties

Njombe District Council

Applicant

Edwin Malekela

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective for lack of proper verification clause and failure to disclose source of information
  2. 2 Whether the application is overtaken by events
  3. 3 Whether the application is competent before the court

Ratio Decidendi

The affidavit supporting the application was defective for verifying facts purportedly within the deponent's own knowledge when he was not a party to the underlying proceedings and failed to disclose the source of information, rendering the application incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs explicitly stated