Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court dismissed an application to set aside lapsed injunction orders, holding it was filed out of time and cited the wrong enabling provision.
An affidavit attested by a Commissioner for Oaths without a valid practising certificate on the material date is invalid; without a valid affidavit, the application is incompetent and must be struck out.
Source excerpt
The act of affirming instead of swearing in an affidavit does not render the affidavit defective; the trial tribunal erred in striking out the application on this ground.
Source excerpt
The High Court struck out a revision application because its supporting affidavit was attested by an advocate without a valid practicing certificate, but granted leave to refile within seven days.
The application for stay of execution was dismissed because the applicants failed to demonstrate with particulars any substantial loss as required by Rule 11(5)(a) of the Tanzania Court of Appeal Rules 2009, and the affidavits of service relied upon by the respondent were invalid as they were attested by an unauthorized person.
Source excerpt
The affidavit supporting the application was sworn before the applicant's counsel, contravening section 7 of the Notary Public and Commissioners of Oaths Act, rendering the affidavit defective and the application incompetent. The preliminary objection on this ground is sustained, and the application is struck out.
Source excerpt
The High Court has jurisdiction to entertain the revision as the applicants are challenging the legality of the execution proceedings, not the ex parte judgment. The issue of the 2nd applicant's death is factual and not a proper ground for preliminary objection. The application is not rendered nugatory by the execution having taken place, as the revision challenges the legality of the execution itself.
Source excerpt
An affidavit sworn by one applicant on behalf of others is valid if the deponent states in the affidavit that she is authorized by the others and discloses the source of information; no power of attorney is strictly required if authorization is expressly stated.
Source excerpt
The affidavit supporting the application is invalid due to a fatal defect in the verification clause, as the name of the deponent in the verification clause differs from that in the opening clause, and no evidence was provided to explain the discrepancy. As a result, the application is incompetent and must be struck out.
Source excerpt
The Court of Appeal granted Linda Cosmas leave to appeal after finding the High Court had wrongly decided arguable issues instead of testing leave criteria.
Explore more
