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Tanzania decisions
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The High Court struck out an application for extension of time because the supporting affidavit was defective, having been attested by the applicant’s advocate.
Advocate Abdallah Kilobwa was disqualified from representing the respondent before the Tribunal due to his prior role as commissioner for oaths in attesting the disputed sale agreement, constituting a potential conflict of interest under section 7 of the Notaries Public and Commissioner for Oaths Act. The proceedings and judgment of the Tribunal were therefore quashed and a retrial ordered.
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An affidavit attested by an advocate without a valid practicing certificate is incurably defective and renders the application incompetent; courts must strike out such applications to uphold the law and professional standards.
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An advocate who attests a document that is central to the pleadings and may be called as a witness is conflicted and must be disqualified from acting as advocate in the same matter to avoid embarrassment and preserve the integrity of proceedings, as per Section 7 of Cap 12 R.E. 2019 and Regulation 45 of G.N. 118 of 2018.
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Plaintiff's advocate Daniel Weiwei is disqualified due to conflict of interest arising from attesting a document central to the suit, as there is a real possibility he may be called as a witness, and the law prohibits an advocate from acting in such circumstances to avoid embarrassment and protect the integrity of proceedings.
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A Commissioner for Oaths who merely appeared as a witness in a previous case, without demonstrable personal interest or benefit in the outcome, is not 'interested' within the meaning of section 7 of the Notaries Public and Commissioner for Oaths Act; thus, the counter-affidavit is not defective.
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The affidavit supporting the application is incurably defective because it was attested by a commissioner for oaths working in the same office that drafted it, which constitutes an interest under section 7 of the Notary Public and Commissioner for Oaths Act.
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The affidavit supporting the application was attested by an unqualified person without a valid practicing certificate, rendering it invalid. Without a valid affidavit, the application is incompetent and must be struck out. Overriding objective principle cannot be invoked to cure this defect.
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The Court of Appeal struck out Millicom’s application for extension of time because the supporting affidavit was improperly attested by a notary not recognized in Tanzania.
Omission of attesting officer's name in the jurat does not render the affidavit incurably defective under Tanzanian law; the application should not be struck out and amendment is permissible.
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