20070316 TZCA Mwanza
The omission of the place where the affidavit was made in the jurat of attestation is a statutory defect under section 8 of the Notaries Public and Commissioners for Oaths Act, rendering the affidavit incurably defective and requiring the application to be struck out.
- Citation
- 20070316 TZCA Mwanza
- Parties
- Applicant: Zuberi Mussa; Respondent: Shinyanga Town Council
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 2007
- Procedural Posture
- Civil Application / Application for Review of Court of Appeal Decision
- Outcome
- Application struck out with costs
- Legal Topics
- Affidavit Defects, Jurisdiction, Statutory Compliance, Preliminary Objection
- 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 / Application for Review of Court of Appeal Decision
Legal Issues
- 1 Whether omission of place in jurat of attestation renders affidavit incurably defective
- 2 Whether section 8 of Notaries Public and Commissioners for Oaths Act is mandatory or directory
Ratio Decidendi
The omission of the place where the affidavit was made in the jurat of attestation is a statutory defect under section 8 of the Notaries Public and Commissioners for Oaths Act, rendering the affidavit incurably defective and requiring the application to be struck out.
Court Disposition
Application struck out with costs
Orders
- Application struck out
- Applicant to pay costs
Full Case Text
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