The A

The A

The application is incompetent for being supported by fatally defective affidavits that contain hearsay evidence and fail to disclose the source of information, as conceded by the parties and established by law.

Citation
The A
Parties
Applicant: The Attorney General; 1st Respondent: Leah P. Semuguruka (Administrator of the Estate of Late Nathanael Miburo Semuruguka); 2nd Respondent: Serikali ya Kijiji Mukirehe; 3rd Respondent: Halmashauri ya Wilaya ya Ngara
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 February 2025
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Hearsay Evidence, Advocate's Affidavit, Revision Proceedings
Source Language
English
Civil Procedure Land Law Affidavit Defects Hearsay Evidence Advocate's Affidavit Revision Proceedings

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Parties

The Attorney General

Applicant

Leah P. Semuguruka (Administrator of the Estate of Late Nathanael Miburo Semuruguka)

1st Respondent

Serikali ya Kijiji Mukirehe

2nd Respondent

Halmashauri ya Wilaya ya Ngara

3rd Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is fatally defective for containing hearsay evidence and non-disclosure of source of information
  2. 2 Whether the application is incompetent for being supported by a defective affidavit

Ratio Decidendi

The application is incompetent for being supported by fatally defective affidavits that contain hearsay evidence and fail to disclose the source of information, as conceded by the parties and established by law.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Applicant granted leave to file proper application within 21 days