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Tanzania decisions
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The court struck out a respondent’s counter-affidavit as incurably defective for containing arguments and prayers, but allowed 14 days to file a corrected one.
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 a respondent’s counter-affidavit for defective verification and a defective jurat, holding that an affidavit is evidence and cannot be amended.
The cumulative effect of the defects in the respondent's affidavit—hearsay, speculation, argumentative paragraphs, and improper verification—rendered it incurably defective and incapable of amendment. The single judge erred in holding otherwise. The interim order for stay of execution was wrongly granted and must be quashed.
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