Esheria Tanzania Case Law
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Tanzania Case Law

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Civil procedure Misc

Misc

Court
TANZLII

The affidavits supporting the application were incurably defective for lack of a jurat of attestation, absence of an official seal or stamp, and improper verification. These defects are substantive and not curable by amendment or the overriding objective principle. The application is incompetent and must be struck out.

Source excerpt

  • Affidavit defects
  • Jurat of attestation
  • Verification clause
  • Commissioner for oaths requirements
  • Striking out applications
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Civil procedure bwaheri masauna vs ulamu wisaka 2020 tzhc 4624 13 december 2020

bwaheri masauna vs ulamu wisaka 2020 tzhc 4624 13 december 2020

Court
TZHC

The defects in the applicant's affidavit, namely the absence of dates in the jurat and verification clause and omission by the Commissioner for Oaths to indicate knowledge/introduction of the deponent, are not fatal and can be cured by amendment. Leave is granted to amend the affidavit.

Source excerpt

  • Affidavit defects
  • Amendment of pleadings
  • Commissioner for oaths requirements
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.