20110829 TZHC Dar es Salaam

20110829 TZHC Dar es Salaam

Affidavits lacking either the place or date in the jurat of attestation are fatally defective and must be struck out; scanned signatures on affidavits do not amount to electronic signatures and are not valid under current Tanzanian law; defects in pleadings such as scanned signatures or lack of verification clause are procedural and curable by amendment with leave of court; witness statements are not recognized at the pleadings stage and must be expunged.

Citation
20110829 TZHC Dar es Salaam
Parties
Plaintiff/applicant: DODSAL HYDROCARBONS & POWER (TANZANIA) LIMITED; Plaintiff/applicant: DODSAL RESOURCES & MINING ITILIMA BUSILI (TANZANIA) PVT; Plaintiff/applicant: DODSAL RESOURCES & MINING ITINGI (TANZANIA) PVT LIMITED; Defendant/respondent: HASMUKH BHAGWANJI MASRANI
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 2011
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection partly upheld and partly dismissed
Legal Topics
Affidavit Requirements, Electronic Signatures, Pleadings, Verification Clause, Witness Statements
Source Language
English
Civil Procedure Commercial Law Affidavit Requirements Electronic Signatures Pleadings Verification Clause Witness Statements

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Parties

DODSAL HYDROCARBONS & POWER (TANZANIA) LIMITED

Plaintiff/applicant

DODSAL RESOURCES & MINING ITILIMA BUSILI (TANZANIA) PVT

Plaintiff/applicant

DODSAL RESOURCES & MINING ITINGI (TANZANIA) PVT LIMITED

Plaintiff/applicant

HASMUKH BHAGWANJI MASRANI

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether affidavits lacking proper jurat of attestation (place and date) are fatally defective
  2. 2 Whether affidavits and pleadings bearing scanned signatures are valid under Tanzanian law
  3. 3 Whether witness statements are admissible at the pleadings stage under Tanzanian law

Ratio Decidendi

Affidavits lacking either the place or date in the jurat of attestation are fatally defective and must be struck out; scanned signatures on affidavits do not amount to electronic signatures and are not valid under current Tanzanian law; defects in pleadings such as scanned signatures or lack of verification clause are procedural and curable by amendment with leave of court; witness statements are not recognized at the pleadings stage and must be expunged.

Court Disposition

Preliminary objection partly upheld and partly dismissed

Orders

  • Affidavits of Mr. Rajen A. Kilachand and Mr. Manan Shah expunged from the court record for want of proper jurat of attestation and scanned signatures.
  • Plaintiffs' reply to written statement of defence and plaint, defective for scanned signatures and lack of verification clause, may be amended with leave of court.