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Tanzania decisions
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Omission of the date in the jurat of attestation is a serious deficiency rendering the affidavit incurably defective and the application incompetent, requiring it to be struck out.
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The application for Mareva injunction is redundant as the 90-day period after notice of intention to sue has expired, and the applicant is now at liberty to file a plaint. There is no justification for keeping the application alive.
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The High Court allowed a land appeal, quashed a tribunal order striking out an application, and remanded the matter for hearing before a different chairperson.
The applicant demonstrated a technical delay as the initial revision was filed within time and promptly re-applied after the application was struck out for a technical defect. Technical delay is a recognized ground for extension of time, and there was no evidence of negligence or unaccounted delay.
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An application for extension of time to appeal is incompetent before the court if no notice of appeal has been lodged; such an application must be struck out, not withdrawn, once a preliminary objection is raised and conceded.
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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 application for review is incompetent because the drawn order is dated differently from the ruling, contrary to mandatory procedural requirements. The only remedy is to strike out the application.
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The application is incompetent as it is res subjudice, given the existence of a pending case involving the same parties, subject matter, and reliefs before a competent tribunal. The objection is upheld and the application is struck out.
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The High Court struck out a land reference after finding service of the application was made outside the mandatory seven-day period under Order 7(3) of the Advocates Remuneration Order.
The application is incompetent because the supporting affidavit contains information from another person who did not swear an affidavit, rendering the relevant paragraphs hearsay and expunged. Without valid grounds for delay in the affidavit, the application cannot be entertained.
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