zena mwangu vs singida municipal council 2016 tzhc 2158 4 october 2016

Failure to indicate the name of the court, case number, and names of the parties in the affidavit renders it defective and warrants striking out the application.

Citation: zena mwangu vs singida municipal council 2016 tzhc 2158 4 october 2016
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: Application struck out as defective
Legal Topics: Affidavit Requirements, Preliminary Objections, Defective Pleadings
Source Language: English

Civil Procedure Land Law Affidavit Requirements Preliminary Objections Defective Pleadings

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Parties

Zena Mwangu

Applicant

Singida Municipal Council

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the applicant's affidavit is defective for lacking the title of the court, names of the parties, and filing date

Ratio Decidendi

Failure to indicate the name of the court, case number, and names of the parties in the affidavit renders it defective and warrants striking out the application.

Court Disposition

Application struck out as defective

Orders

Affidavit and chamber summons struck out
Respondent awarded costs