medard kalunga vs tanesco limited 2011 tzhc 2156 4 april 2011

medard kalunga vs tanesco limited 2011 tzhc 2156 4 april 2011

An affidavit is not fatally defective for lack of a separately signed verification clause if the verification is embodied in a paragraph and the jurat is signed; the omission is one of form, not substance.

Citation
medard kalunga vs tanesco limited 2011 tzhc 2156 4 april 2011
Parties
Applicant: Wedard Kalunga; Respondent: TANESCO Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 April 2011
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Affidavit Defects, Verification Clause, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Verification Clause Preliminary Objection

Case Brief

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Parties

Wedard Kalunga

Applicant

TANESCO Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to sign a separate verification clause in an affidavit renders the affidavit incurably defective

Ratio Decidendi

An affidavit is not fatally defective for lack of a separately signed verification clause if the verification is embodied in a paragraph and the jurat is signed; the omission is one of form, not substance.

Court Disposition

preliminary objection dismissed

Orders

  • Applicant to be notified of the ruling