rahma ally vs mohamed hussein 2006 tzhc 330 30 april 2006

rahma ally vs mohamed hussein 2006 tzhc 330 30 april 2006

The affidavit in support of the application is incurably defective for non-compliance with the mandatory requirements of Order 19 Rule 3(1) of the Civil Procedure Code, 1966, as it is based on belief rather than facts within the deponent's own knowledge.

Citation
rahma ally vs mohamed hussein 2006 tzhc 330 30 april 2006
Parties
Applicant: Rahma Ally; Respondent: Mohamed Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 2006
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection Regarding Affidavit
Outcome
Application struck out with costs
Legal Topics
Affidavit Requirements, Verification of Affidavits, Order 19 Rule 3 Civil Procedure Code
Source Language
English
Civil Procedure Affidavit Requirements Verification of Affidavits Order 19 Rule 3 Civil Procedure Code

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Parties

Rahma Ally

Applicant

Mohamed Hussein

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection Regarding Affidavit

Legal Issues

  1. 1 Whether the applicant's affidavit is fatally defective for non-compliance with Order 19 Rule 3(1) of the Civil Procedure Code, 1966

Ratio Decidendi

The affidavit in support of the application is incurably defective for non-compliance with the mandatory requirements of Order 19 Rule 3(1) of the Civil Procedure Code, 1966, as it is based on belief rather than facts within the deponent's own knowledge.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for being supported by a fatally defective affidavit.
  • Costs awarded to the respondent.