Nairobi. The place Kampala was typed by the lawyers who drew the affidavit and was not entered by the commissioner or notary public. My conclusion is that this error arises from counsel for the applicant typing the affidavit and sending it to the Notary Public. They left no place to state the place of commissioning. The second aspect of the matter is that if the affidavit was taken in Nairobi within the jurisdiction of a Notary Public of Kenya, then it is taken under the laws of Kenya. Authority in Uganda to administer oaths is found under section 11 of the Oaths Act which provides that: “11. Authority to administer oaths. (1) The Chief Justice, a judge of the High Court, the chief registrar of the High Court, a magistrate, a notary public and any commissioner for oaths may administer any lawful oath or take any lawful affirmation or affidavit which may be required to be taken or made for the purpose of complying with the requirements of this Act or of any law for the time being in force in Uganda or elsewhere, except where such procedure is expressly or by necessary implication manifestly excluded by the terms of such law as aforesaid; and the presumption shall be against any such exclusion.” It is a Chief Justice, a judge of the High Court, Chief Registrar, a magistrate, a notary public and any commissioner of oaths who may take any lawful affirmation or affidavit in Uganda. This is made under the Oaths Act cap 19 laws of Uganda. However the Oaths Act recognises oaths taken under a foreign law and outside Uganda under section 12 of the same Act. Section 12 provides: “12. Taking oaths out of Uganda (1) Any oath or affidavit required for any court or matter in Uganda, or for the purpose of the registration of any instrument in any part of Uganda, may be taken or made in any place out of Uganda before any person having authority to administer an oath in that place. (2) In the case of a person having such authority otherwise than by the law of a country out of Uganda, judicial and official notice shall be taken of his or her seal or signature affixed, impressed or subscribed to or on any such oath or affidavit.” An oath taken outside Uganda has to be administered by a person having authority to do so. This authority would obviously be under a foreign law. In this case if the notary public was in Nairobi as can be inferred, it would be an oath taken under the laws of Kenya. Be that as it may, failure to state the right place of commissioning an affidavit is not fatally defective. Firstly stating the place and date of commissioning is done by the Commissioner for oath or person administering the oath. Secondly judicial precedence is that a defect in naming the date or place of commissioning is not fatal to the application and may be amended to read the correct place or