20100610 TZHC Mwanza

The affidavit supporting the application was defective for not indicating the place of attestation as required by law, rendering the application incompetent. However, the defect was not incurable, and the applicant, being unrepresented and acting in good faith, should be allowed to file a proper application within seven days.

Citation: 20100610 TZHC Mwanza
Parties: Applicant: Prukeria P. Balilemwa; 1st Respondent: Riziki Mbise; 2nd Respondent: S. L. Isangi Auction Mart and Court Broker
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 June 2010
Procedural Posture: Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome: Application struck out with costs; leave granted to file a fresh application within seven days.
Legal Topics: Affidavit Defects, Extension of Time, Compliance With Procedural Rules
Source Language: English

Civil Procedure Land Law Affidavit Defects Extension of Time Compliance With Procedural Rules

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Parties

Prukeria P. Balilemwa

Applicant

Riziki Mbise

1st Respondent

S. L. Isangi Auction Mart and Court Broker

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the affidavit supporting the application is fatally defective for not indicating the place of attestation in the jurat
2 Whether the application should be struck out due to the affidavit defect

Ratio Decidendi

Court Disposition

Application struck out with costs; leave granted to file a fresh application within seven days.

Orders

The application is struck out for being incompetent.
The applicant is allowed to bring another proper application within seven days from the date of the ruling.