20060921 TZHC Mwanza

Despite the affidavit's defect, special circumstances exist (counsel's illness and death), and in the interest of justice, the applicant is allowed to rectify the defect by filing an amended affidavit within one month.

Citation: 20060921 TZHC Mwanza
Parties: Applicant: Association of Fire Protection and General Dealers; Respondent: Copcot Cotton Trading (T) Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 September 2006
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Re Admission of Appeal
Outcome: Preliminary objection dismissed; application for re-admission of appeal allowed conditionally.
Legal Topics: Affidavit Defects, Re Admission of Appeal, Preliminary Objection
Source Language: English

Civil Procedure Affidavit Defects Re Admission of Appeal Preliminary Objection

Case Brief

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Parties

Association of Fire Protection and General Dealers

Applicant

Copcot Cotton Trading (T) Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Re Admission of Appeal

Legal Issues

1 Whether failure to show the name of the drawer in the affidavit is a fatal defect
2 Whether the court can allow rectification of the affidavit defect

Ratio Decidendi

Court Disposition

Preliminary objection dismissed; application for re-admission of appeal allowed conditionally.

Orders

Applicant to file amended affidavit with proper jurat and drawer's name and address within one month from the ruling date.
No order as to costs.