20030717 TZHC mWANZA

20030717 TZHC mWANZA

Omission of the place in the jurat of an affidavit is a statutory defect under section 8 of the Notaries Public and Commissioners for Oaths Ordinance, Cap. 12, and renders the affidavit incurably defective. The defect cannot be cured by reference to the advocate's rubber stamp or by amendment. The notice of motion is struck out as it is not supported by a proper affidavit.

Citation
20030717 TZHC mWANZA
Parties
Respondent: The General Manager, ICC (1990) Ltd; Applicant: Not specified (applicant)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 July 2003
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Preliminary Objection, Notaries Public and Commissioners for Oaths
Source Language
English
Civil Procedure Affidavit Defects Preliminary Objection Notaries Public and Commissioners for Oaths

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Parties

The General Manager, ICC (1990) Ltd

Respondent

Not specified (applicant)

Applicant

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether omission of place in jurat of affidavit renders affidavit incurably defective
  2. 2 Whether affidavit can be amended to cure defect of missing place in jurat

Ratio Decidendi

Omission of the place in the jurat of an affidavit is a statutory defect under section 8 of the Notaries Public and Commissioners for Oaths Ordinance, Cap. 12, and renders the affidavit incurably defective. The defect cannot be cured by reference to the advocate's rubber stamp or by amendment. The notice of motion is struck out as it is not supported by a proper affidavit.

Court Disposition

Application struck out with costs

Orders

  • Notice of motion struck out
  • Respondent awarded costs