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The affidavit was verified in Dar es Salaam and attested in Shinyanga on the same date, indicating attestation was not done in the presence of the deponent, rendering the affidavit incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act. The application is incompetent and must be struck out.
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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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The High Court struck out a land revision application as incompetent because the supporting affidavits were fatally defective, containing hearsay and undisclosed sources.
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 stay of execution was filed within the prescribed time after service of notice of execution regarding the Kijitonyama property. The lack of Registrar's endorsement on the affidavit is a procedural omission not fatal to the application. The applicant demonstrated risk of substantial loss if evicted, as the alternative property is unfinished. A general undertaking to furnish security is sufficient in the context of a non-monetary decree. The requirements for stay of execution under rule 11(4)-(7) were met.
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The application was struck out as premature because the applicants failed to exhaust the alternative remedy of requisitioning a general meeting under section 22 of the Tanganyika Law Society Act. The court found the statutory mechanism to be effective and speedy, and no sufficient evidence was provided to show it was unavailable or ineffective. The court did not address the remaining objections as the first objection was dispositive.
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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 High Court in Mwanza struck out an application for extension of time after finding the supporting affidavit was defective because it contained arguments and hearsay.
The court held that failure to cite the correct enabling provision is not fatal where the court has jurisdiction, and that the alleged defect in the affidavit does not go to the root of the matter or prejudice any party, thus both limbs of the preliminary objection are without merit.
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The electronically filed counter affidavit is incurably defective for lack of attestation as required by section 8 of the Notaries Public and Commissioners for Oaths Act. Under the Judicature and Application (Electronic Filing) Rules, 2018, the electronic version is the official record, and its defects warrant expunging.
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