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The High Court at Moshi struck out an application for extension of time after upholding a preliminary objection that it cited the wrong legal provision.
The affidavit supporting the application is incurably defective for failing to state in the jurat that the person introducing the deponents is personally known to the Commissioner for Oaths, and for combining multiple deponents in one jurat without proper identification, in contravention of section 10 of the Oaths and Statutory Declarations Act; this defect is fatal and renders the application incompetent.
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The affidavit in support of the application is defective for containing both an affirmation and a swearing in the same document, contrary to the law, and thus cannot support the application.
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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.
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The discrepancies in the affidavit were a slip of the pen and not intended as falsehoods; the defect in the jurat is not fatal as it does not affect the validity of the affidavit. The preliminary objection lacks merit and is overruled.
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The discrepancies in the affidavit were a slip of the pen and did not amount to intentional falsehood or cause injustice. The jurat of attestation was not fatally defective as the commissioner for oaths indicated the applicant was introduced by counsel. The preliminary objection lacked merit and was overruled.
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The omission of the deponent's signature in the jurat is a substantive procedural defect that renders the affidavit incurably defective and incompetent; such a defect cannot be cured by amendment or the overriding objective principle, and the application must be struck out.
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The High Court at Bukoba dismissed a land application because the supporting affidavit had a defective jurat and unsigned verification clause. Non-joinder was rejected.
The High Court struck out a land application for extension of time because the supporting affidavit was defective and the defect was held to be substantive.
The application is struck out due to defective jurat in the supporting affidavit, which fails to comply with mandatory requirements under section 10 of Oath and Statutory Declaration Act, and the Overriding Objective principle does not apply to cure such defects.
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