20110315 TZHC Dar es Salaam1

20110315 TZHC Dar es Salaam1

The affidavits in support of the application are incurably defective for containing arguments, opinions, and prayers, contrary to Order XIX rule 3 of the Civil Procedure Code; such affidavits cannot be acted upon and render the application incompetent.

Citation
20110315 TZHC Dar es Salaam1
Parties
Applicant/1st Defendant: Ostam Aziz; Respondent/plaintiff: Christopher Mtikila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 March 2011
Procedural Posture
Civil Application for Extension of Time to File Defence / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Affidavits, Preliminary Objections, Service of Summons
Source Language
English
Civil Procedure Extension of Time Affidavits Preliminary Objections Service of Summons

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Parties

Ostam Aziz

Applicant/1st Defendant

Christopher Mtikila

Respondent/plaintiff

Procedural Posture

Civil Application for Extension of Time to File Defence / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for extension of time is misconceived and premature
  2. 2 Whether the application is incompetent for non-citation of enabling provision of law
  3. 3 Whether the affidavits in support of the application are incurably defective

Ratio Decidendi

The affidavits in support of the application are incurably defective for containing arguments, opinions, and prayers, contrary to Order XIX rule 3 of the Civil Procedure Code; such affidavits cannot be acted upon and render the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application for extension of time to file defence is struck out due to incurably defective affidavits.