zuberi mussa vs shinyanga town council 2007 tzca 181 16 march 2007

zuberi mussa vs shinyanga town council 2007 tzca 181 16 march 2007

The requirement to state the place in the jurat of attestation is statutory and mandatory under section 8 of the Notaries Public and Commissioners for Oaths Act; failure to comply renders the affidavit incurably defective and the application incompetent.

Citation
zuberi mussa vs shinyanga town council 2007 tzca 181 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 Requirements, Jurat of Attestation, Preliminary Objection, Statutory Compliance
Source Language
English
Civil Procedure Affidavit Requirements Jurat of Attestation Preliminary Objection Statutory Compliance

Case Brief

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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. 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

The requirement to state the place in the jurat of attestation is statutory and mandatory under section 8 of the Notaries Public and Commissioners for Oaths Act; failure to comply renders the affidavit incurably defective and the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs