20060120 TZHC Moshi

20060120 TZHC Moshi

The lack of a verification clause in the affidavit supporting the application is an incurable defect, rendering the affidavit invalid and the application incompetent. The application cannot be saved by amendment, oral evidence, or constitutional arguments, as procedural requirements must be strictly observed.

Citation
20060120 TZHC Moshi
Parties
Applicant: Peter Mziray Kuga; 1st Respondent: Anne Kilango Malecela; 2nd Respondent: The Returning Officer, Same East Constituency; 3rd Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 January 2006
Procedural Posture
Miscellaneous Civil Application (election Petition) / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Affidavit Requirements, Security for Costs, Preliminary Objections, Verification Clause, Procedural Defects
Source Language
English
Election Law Civil Procedure Affidavit Requirements Security for Costs Preliminary Objections Verification Clause Procedural Defects

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Parties

Peter Mziray Kuga

Applicant

Anne Kilango Malecela

1st Respondent

The Returning Officer, Same East Constituency

2nd Respondent

The Hon. Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application (election Petition) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective for lack of a verification clause
  2. 2 Whether the application is incompetent for being brought under the wrong provisions of law

Ratio Decidendi

The lack of a verification clause in the affidavit supporting the application is an incurable defect, rendering the affidavit invalid and the application incompetent. The application cannot be saved by amendment, oral evidence, or constitutional arguments, as procedural requirements must be strictly observed.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs for being incompetent due to an incurably defective affidavit.
  • The applicant is at liberty to file a fresh application subject to the law of limitation.