stanphod pondi vs mkondo pazi 3 others 2022 tzhclandd 12614 7 november 2022

stanphod pondi vs mkondo pazi 3 others 2022 tzhclandd 12614 7 november 2022

The counter affidavit is defective because it was sworn by the respondents' advocate without proper authority, contains hearsay evidence, and the verification clause does not distinguish between facts within personal knowledge and information received. The defects are substantive and not curable by amendment or overriding objective principles. The affidavit is expunged from the record.

Citation
stanphod pondi vs mkondo pazi 3 others 2022 tzhclandd 12614 7 november 2022
Parties
Applicant: Stanphod Pondi; Respondent: Mkondo Pazi; Respondent: Mwinyihamamisi Pazi; Respondent: Shabani Pazi; Respondent: Suna Mtwana
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 November 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Counter affidavit expunged from the record
Legal Topics
Affidavit Defects, Verification Clause, Authority of Advocate, Hearsay Evidence
Source Language
English
Civil Procedure Land Law Affidavit Defects Verification Clause Authority of Advocate Hearsay Evidence

Case Brief

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Parties

Stanphod Pondi

Applicant

Mkondo Pazi

Respondent

Mwinyihamamisi Pazi

Respondent

Shabani Pazi

Respondent

Suna Mtwana

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the joint counter affidavit is defective for being signed by only one and unauthorized deponent
  2. 2 Whether the counter affidavit is defective for mentioning respondents who did not depone to corroborate such evidence
  3. 3 Whether the verification clause is defective for being verified against hearsay evidence

Ratio Decidendi

The counter affidavit is defective because it was sworn by the respondents' advocate without proper authority, contains hearsay evidence, and the verification clause does not distinguish between facts within personal knowledge and information received. The defects are substantive and not curable by amendment or overriding objective principles. The affidavit is expunged from the record.

Court Disposition

Counter affidavit expunged from the record

Orders

  • Counter affidavit struck out and expunged from the record