20160624 TZHC Dar es Salaam 1

20160624 TZHC Dar es Salaam 1

The affidavit supporting the application is incurably defective for failing to state the place and date of attestation as required by Section 8 of the Notaries Public and Commissioners for Oaths Act. This defect renders the application incompetent and it is struck out with costs.

Citation
20160624 TZHC Dar es Salaam 1
Parties
Applicant: Othman Issa General; Applicant: Karume Mtama Mzee; Applicant: Stamili Ramadhani; Applicant: Rogatie Kimaro; Applicant: Kitenge Saimon Kiota; Respondent: Mustafa Karamagi; Respondent: Kinondoni Municipal Council; Respondent: Inspector General of Police - Tanzania; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2016
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Representative Suits, Affidavit Defects, Preliminary Objections
Source Language
English
Civil Procedure Land Law Representative Suits Affidavit Defects Preliminary Objections

Case Brief

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Parties

Othman Issa General

Applicant

Karume Mtama Mzee

Applicant

Stamili Ramadhani

Applicant

Rogatie Kimaro

Applicant

Kitenge Saimon Kiota

Applicant

Mustafa Karamagi

Respondent

Kinondoni Municipal Council

Respondent

Inspector General of Police - Tanzania

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application contravenes Order I Rule 8 of the Civil Procedure Code
  2. 2 Whether the application is incompetent for wrong citation of enabling provision of law
  3. 3 Whether the affidavit in support of the application is incurably defective

Ratio Decidendi

The affidavit supporting the application is incurably defective for failing to state the place and date of attestation as required by Section 8 of the Notaries Public and Commissioners for Oaths Act. This defect renders the application incompetent and it is struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondents