20131011 TZCA Mwanza

20131011 TZCA Mwanza

The name of the attesting officer is not a mandatory statutory requirement under section 8 of the Notaries Public and Commissioners for Oaths Act, and the absence of the name does not render the affidavit fatally defective.

Citation
20131011 TZCA Mwanza
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 Requirements, Notaries Public and Commissioners for Oaths, Judicial Notice
Source Language
English
Civil Procedure Affidavit Requirements Notaries Public and Commissioners for Oaths Judicial Notice

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Parties

Samwel Kimaro

Applicant

Hidaya Didas

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the name of the attesting officer is a mandatory requirement under section 8 of the Notaries Public and Commissioners for Oaths Act, Cap 12

Ratio Decidendi

The name of the attesting officer is not a mandatory statutory requirement under section 8 of the Notaries Public and Commissioners for Oaths Act, and the absence of the name does not render the affidavit fatally defective.

Court Disposition

Preliminary objection dismissed

Orders

  • No order as to costs