said salim hamdun two others vs administrator general 2022 tzhc 14099 26 october 2022

said salim hamdun two others vs administrator general 2022 tzhc 14099 26 october 2022

The affidavit in support of the application was affirmed by the applicants' advocate based solely on information supplied by the applicants, not on the advocate's personal knowledge, rendering it hearsay and incurably defective. Without a supporting affidavit from the applicants or an averment of belief in the truth of the information, the affidavit cannot support the application, and the application must be struck out.

Citation
said salim hamdun two others vs administrator general 2022 tzhc 14099 26 october 2022
Parties
Applicant: Said Salim Hamdun; Applicant: Nashwa Salim Hamdun; Applicant: Khadija Salim Hamdun; Respondent: The Administrator General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 October 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Competency, Hearsay in Affidavits, Revocation of Grant of Letters of Administration
Source Language
English
Civil Procedure Succession Law Affidavit Competency Hearsay in Affidavits Revocation of Grant of Letters of Administration

Case Brief

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Parties

Said Salim Hamdun

Applicant

Nashwa Salim Hamdun

Applicant

Khadija Salim Hamdun

Applicant

The Administrator General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective for being hearsay and not based on the deponent's personal knowledge

Ratio Decidendi

The affidavit in support of the application was affirmed by the applicants' advocate based solely on information supplied by the applicants, not on the advocate's personal knowledge, rendering it hearsay and incurably defective. Without a supporting affidavit from the applicants or an averment of belief in the truth of the information, the affidavit cannot support the application, and the application must be struck out.

Court Disposition

Application struck out

Orders

  • The application is struck out for being supported by an incurably defective affidavit.
  • Each party shall bear its own costs.