zuberi mussa vs shimyanga town council 2007 tzca 153 16 march 2007
An affidavit that omits to state the place in the jurat of attestation, as required by section 8 of the Notaries Public and Commissioners for Oaths Act, Cap. 12, is incurably defective and cannot support a formal application; the application is therefore incompetent and must be struck out.
- Citation
- zuberi mussa vs shimyanga town council 2007 tzca 153 16 march 2007
- Parties
- Applicant: Zuberi Mussa; Respondent: Shinyanga Town Council
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 2007
- Procedural Posture
- Civil Application for Review / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Affidavit Defects, Jurat of Attestation, Mandatory Statutory Requirements, Preliminary Objection, Procedural Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zuberi Mussa
Applicant
Shinyanga Town Council
Respondent
Procedural Posture
Civil Application for Review / Ruling on Preliminary Objection
Legal Issues
- 1 Whether omission of the place in the jurat of attestation renders an affidavit incurably defective under section 8 of the Notaries Public and Commissioners for Oaths Act, Cap. 12
Ratio Decidendi
An affidavit that omits to state the place in the jurat of attestation, as required by section 8 of the Notaries Public and Commissioners for Oaths Act, Cap. 12, is incurably defective and cannot support a formal application; the application is therefore incompetent and must be struck out.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
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