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Tanzania decisions
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The Court of Appeal struck out an application for stay of execution after finding the supporting affidavit materially defective for failing to verify key paragraphs.
The preliminary objections lacked merit as the application followed the parties' designations in prior proceedings, the omission in affidavit verification was not fatal and could be cured by expunging the paragraphs, and the affidavit was sufficient to support both applicants. On the merits, only four points raised by the applicants constituted points of law worthy of certification for appeal to the Court of Appeal; the remaining grounds were factual and not certifiable.
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The application is struck out because the supporting affidavit is defective due to improper verification; the deponent, an advocate, claimed personal knowledge of facts that were actually based on information from the applicant, without specifying the source as required by law. This defect renders the application incompetent.
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The affidavit filed by the caveator lacked a verification clause, rendering it incurably defective and incapable of supporting the caveat; the preliminary objection was properly raised and substantiated by reference to the relevant legal provision.
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The Court is functus officio, having already determined a previous application for stay of execution concerning the same decree, and the applicant failed to comply with the conditions of that order. No evidence was provided that the previous order was vacated or varied, and the applicant's affidavit did not disclose relevant facts regarding the alleged defectiveness of the decree.
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The Court of Appeal allowed an appeal against the striking out of a judicial review application, holding the second preliminary objection should not have been entertained.
Once a preliminary objection on the competence of an affidavit has been dismissed, it is improper to entertain a second preliminary objection on the same point; verification of subparagraphs in an affidavit is not a strict legal requirement and depends on the circumstances.
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The High Court struck out a labour revision application because it was filed in the name of a power of attorney holder, who lacked locus standi.
The application was incompetent for nonjoinder of a necessary party, Steven R. K. Shiletiwa, who was a party throughout the proceedings. The applicant is granted leave to amend the Notice of Motion to include him. The objections on time limitation and affidavit verification lack merit and are overruled.
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The High Court sustained a preliminary objection, finding the supporting affidavit was defectively verified and could not sustain an application for leave to appeal.
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