peter mziray kuga vs anne kilango malecela others 2006 tzhc 187 20 january 2006

peter mziray kuga vs anne kilango malecela others 2006 tzhc 187 20 january 2006

The lack of a verification clause in the affidavit renders it incurably defective, making the application incompetent and bad in law; such a defect cannot be cured by amendment or oral evidence, and the application must be struck out.

Citation
peter mziray kuga vs anne kilango malecela others 2006 tzhc 187 20 january 2006
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, Verification Clause, Election Petition Procedure, Preliminary Objections, Security for Costs
Source Language
English
Civil Procedure Election Law Affidavit Requirements Verification Clause Election Petition Procedure Preliminary Objections Security for Costs

Case Brief

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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 renders it incurably defective, making the application incompetent and bad in law; such a defect cannot be cured by amendment or oral evidence, and the application must be struck out.

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 afresh subject to the law of limitation.