stanslaus patrick vs sadiki iddi another 2022 tzhclandd 115 28 february 2022

stanslaus patrick vs sadiki iddi another 2022 tzhclandd 115 28 february 2022

The affidavit supporting the application was attested by an advocate without a valid practicing certificate, making it incurably defective. Without a valid affidavit, there is no competent application before the court. The defect is fatal and not curable by amendment or leave to refile.

Citation
stanslaus patrick vs sadiki iddi another 2022 tzhclandd 115 28 february 2022
Parties
Applicant: Stansalaus Patrick; 1st Respondent: Sadiki Iddi; 2nd Respondent: Zena Ramadhani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Land Revision / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Preliminary Objection, Defective Affidavit, Misjoinder of Parties, Practice Certificate of Advocate
Source Language
English
Civil Procedure Land Law Preliminary Objection Defective Affidavit Misjoinder of Parties Practice Certificate of Advocate

Case Brief

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Parties

Stansalaus Patrick

Applicant

Sadiki Iddi

1st Respondent

Zena Ramadhani

2nd Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent due to affidavit attested by an advocate without a valid practicing certificate
  2. 2 Whether there is misjoinder of parties
  3. 3 Whether the cited cases in the application exist

Ratio Decidendi

The affidavit supporting the application was attested by an advocate without a valid practicing certificate, making it incurably defective. Without a valid affidavit, there is no competent application before the court. The defect is fatal and not curable by amendment or leave to refile.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs due to a defective affidavit attested by an unauthorized advocate.