samwel kimaro vs hidaya didasi 2013 tzca 391 11 october 2013

samwel kimaro vs hidaya didasi 2013 tzca 391 11 october 2013

Omission of attesting officer's name in the jurat does not render the affidavit incurably defective under Tanzanian law; the application should not be struck out and amendment is permissible.

Citation
samwel kimaro vs hidaya didasi 2013 tzca 391 11 october 2013
Parties
Applicant: Samwel Kimaro; Respondent: Hidaya Didas
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2013
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Affidavit Validity, Jurats, Commissioner for Oaths, Preliminary Objections
Source Language
English
Civil Procedure Land Law Affidavit Validity Jurats Commissioner for Oaths Preliminary Objections

Case Brief

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Parties

Samwel Kimaro

Applicant

Hidaya Didas

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether omission of attesting officer's name in jurat renders affidavit incurably defective
  2. 2 Whether application should be struck out for defective affidavit

Ratio Decidendi

Omission of attesting officer's name in the jurat does not render the affidavit incurably defective under Tanzanian law; the application should not be struck out and amendment is permissible.

Court Disposition

Preliminary objection dismissed

Orders

  • No order as to costs
  • Application to be heard in next session at Mwanza