20180709 TZCA Arusha

20180709 TZCA Arusha

The application is incompetent due to a fatally defective jurat of attestation in the supporting affidavit, as it fails to clearly indicate whether the deponent was personally known to the Commissioner for Oaths or identified by a known person, contrary to mandatory statutory requirements.

Citation
20180709 TZCA Arusha
Parties
Applicant: Seth Japhet; Respondent: Nicholaus Piero
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 July 2018
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to Seek Leave to Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Affidavit Defects, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Affidavit Defects Preliminary Objection

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Parties

Seth Japhet

Applicant

Nicholaus Piero

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 Whether the application is incompetent due to a defective jurat of attestation in the supporting affidavit
  2. 2 Whether discrepancies in dates on the ruling and extracted order affect the application
  3. 3 Whether the title of the Notice of Motion renders the application time-barred

Ratio Decidendi

The application is incompetent due to a fatally defective jurat of attestation in the supporting affidavit, as it fails to clearly indicate whether the deponent was personally known to the Commissioner for Oaths or identified by a known person, contrary to mandatory statutory requirements.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs