20161004 TZHC Dodoma3

20161004 TZHC Dodoma3

Failure to indicate the name of the court, case number, and names of the parties in the affidavit renders it defective and liable to be struck out.

Citation
20161004 TZHC Dodoma3
Parties
Applicant: Zena Mwangu; Respondent: Singida Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 2016
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections
Outcome
Affidavit and chamber summons struck out as defective; costs awarded to respondent.
Legal Topics
Affidavit Defects, Form of Pleadings, Preliminary Objections
Source Language
English

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Parties

Zena Mwangu

Applicant

Singida Municipal Council

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objections

  1. 1 Whether the affidavit is defective for not indicating the title of the court, case number, and names of the parties

Ratio Decidendi

Failure to indicate the name of the court, case number, and names of the parties in the affidavit renders it defective and liable to be struck out.

Court Disposition

Affidavit and chamber summons struck out as defective; costs awarded to respondent.

Orders

  • Affidavit struck out
  • Chamber summons struck out