ruling Wilson Chakanga 1

ruling Wilson Chakanga 1

The application is incompetent because the supporting affidavit was attested by the applicant's advocate, who also represented the applicant in the same proceedings, in contravention of Section 7 of the Notary Public and Commissioner for Oath Act. This renders the affidavit fatally defective and leaves the...

Source-derived case information.

Citation
ruling Wilson Chakanga 1
Parties
Applicant: Wilson Chalanga; Respondent: Aloyce Kitonga Batilo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 May 2024
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time to Apply for Certificate on Point of Law
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Affidavit Defects, Conflict of Interest, Commissioner for Oaths, Natural Justice
Source Language
english
Civil Procedure Extension of Time Affidavit Defects Conflict of Interest Commissioner for Oaths Natural Justice

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Parties

Wilson Chalanga

Applicant

Aloyce Kitonga Batilo

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time to Apply for Certificate on Point of Law

Legal Issues

  1. 1 Whether the application for extension of time is competent where the supporting affidavit is attested by an advocate who also represents the applicant in the same matter, contrary to Section 7 of the Notary Public and Commissioner for Oath Act

Ratio Decidendi

The application is incompetent because the supporting affidavit was attested by the applicant's advocate, who also represented the applicant in the same proceedings, in contravention of Section 7 of the Notary Public and Commissioner for Oath Act. This renders the affidavit fatally defective and leaves the application unsupported as required by law.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out for being incompetent due to a fatally defective affidavit.
  • Costs awarded to the respondent.