victoria rweikiza vs alex msama mwita 2 others 2021 tzhclandd 6885 14 december 2021

victoria rweikiza vs alex msama mwita 2 others 2021 tzhclandd 6885 14 december 2021

The application is incompetent because the affidavit in support was verified by a person other than the deponent, and such a defect is fundamental and not curable by amendment. The defect affects the entire application, warranting its being struck out.

Citation
victoria rweikiza vs alex msama mwita 2 others 2021 tzhclandd 6885 14 december 2021
Parties
Applicant: Victoria Rweikiza; 1st Respondent: Alex Msama Mwita; 2nd Respondent: Benedict R. Ijumba; 3rd Respondent: Noela O. Ishebeba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 December 2021
Procedural Posture
Land Revision / Preliminary Objection on Affidavit Competence
Outcome
Application struck out
Legal Topics
Affidavit Defects, Verification of Affidavits, Striking Out Applications, Amendment of Pleadings
Source Language
English
Civil Procedure Land Law Affidavit Defects Verification of Affidavits Striking Out Applications Amendment of Pleadings

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Parties

Victoria Rweikiza

Applicant

Alex Msama Mwita

1st Respondent

Benedict R. Ijumba

2nd Respondent

Noela O. Ishebeba

3rd Respondent

Procedural Posture

Land Revision / Preliminary Objection on Affidavit Competence

Legal Issues

  1. 1 Whether an application supported by an affidavit verified by a person other than the deponent is competent
  2. 2 Whether such a defect is curable by amendment

Ratio Decidendi

The application is incompetent because the affidavit in support was verified by a person other than the deponent, and such a defect is fundamental and not curable by amendment. The defect affects the entire application, warranting its being struck out.

Court Disposition

Application struck out

Orders

  • Application struck out due to defective affidavit
  • No order as to costs