20100702 TZCA Dar es Salaam

20100702 TZCA Dar es Salaam

An application for extension of time without a proper affidavit is incompetent and must be struck out; a defective affidavit cannot be supplemented or substituted.

Source-derived case information.

Citation
20100702 TZCA Dar es Salaam
Parties
Applicant: Rahel Kazimoto; Respondent: Mwajabu Yusufu Mtambo; Respondent: Alphonce Byarugaba Gujwile
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 July 2010
Procedural Posture
Civil Application / Reference From Single Judge's Ruling
Outcome
application struck out as incompetent
Legal Topics
Affidavit Defects, Extension of Time, Court Procedure
Source Language
english
Civil Procedure Affidavit Defects Extension of Time Court Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rahel Kazimoto

Applicant

Mwajabu Yusufu Mtambo

Respondent

Alphonce Byarugaba Gujwile

Respondent

Procedural Posture

Civil Application / Reference From Single Judge's Ruling

Legal Issues

  1. 1 Whether a defective affidavit can be supplemented or substituted in support of a notice of motion
  2. 2 Whether the application before the single judge was competent

Ratio Decidendi

An application for extension of time without a proper affidavit is incompetent and must be struck out; a defective affidavit cannot be supplemented or substituted.

Court Disposition

application struck out as incompetent

Orders

  • Decision of the single judge reversed
  • Application for extension of time struck out