regan katunzi vs emelda mtakije 2019 tzhc 17 23 october 2019

The omission of the place where the affidavit was sworn renders it incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act, and the application must be struck out.

Citation: regan katunzi vs emelda mtakije 2019 tzhc 17 23 october 2019
Parties: Applicant: Regan Katunzi; Respondent: Emelda Mtakije
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 October 2019
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Application struck out
Legal Topics: Extension of Time, Affidavit Requirements, Preliminary Objection
Source Language: English

Civil Procedure Extension of Time Affidavit Requirements Preliminary Objection

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Parties

Regan Katunzi

Applicant

Emelda Mtakije

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the affidavit in support of the application is legally valid given the omission of the place where it was sworn
2 Whether the application should be struck out or dismissed due to the defective affidavit

Ratio Decidendi

The omission of the place where the affidavit was sworn renders it incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act, and the application must be struck out.

Court Disposition

Application struck out

Orders

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