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Tanzania decisions
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The application was struck out as incompetent because the supporting affidavit was defective, having been sworn and verified by different individuals, contrary to mandatory procedural requirements.
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Affidavits in support of applications must be sworn by persons with personal knowledge or proper authority, must disclose sources of information, and must not contain legal arguments, conclusions, or prayers. Failure to comply with these requirements renders the applications fatally defective and liable to be struck out.
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Court of Appeal dismissed an application for extension of time to file notice of appeal, holding that counsel’s negligence and the alleged illegality did not amount to good cause.
The application is struck out because the applicant's affidavit was defective due to different dates on the verification and attestation clauses, indicating the applicant did not personally attest before the Commissioner for Oaths, thus rendering the application incompetent.
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The application is incompetent due to incurable defects in the supporting affidavit and citation of a non-existent statute; an application cannot stand without a proper affidavit.
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The High Court struck out a land revision application because the supporting affidavit was verified by someone other than the deponent, making the application incompetent.
The High Court Labour Division dismissed a revision application as time barred, holding that it was filed after the six-week statutory limit without leave.
The affidavit in support of the application was fatally defective for containing hearsay, lacking disclosure of information sources, and including prayers and legal arguments. After expunging the offending paragraphs, the remaining affidavit was insufficient to sustain the application, rendering the application incompetent.
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The Court of Appeal of Tanzania granted leave to amend an affidavit by adding missing verification paragraphs, finding the omission was an oversight.
The High Court struck out an application to file appeal documents out of time because the supporting affidavit lacked proper verification and contained hearsay.
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