FURAHA TRADING CO

FURAHA TRADING CO

The jurat of attestation in the affidavit complied with Section 8 of the Notaries Public and Commissioner for Oaths Act Cap 12 by stating the place and date of attestation. The omission of the word 'Truly' does not render the affidavit incurably defective. The preliminary objection does not raise a pure point of law and is dismissed for lack of merit.

Citation
FURAHA TRADING CO
Parties
Petitioner: Furaha Trading Company Ltd; 1st Respondent: Afri Tea and Coffee Blenders (1963) Ltd; 2nd Respondent: Yusuf Mulla; 3rd Respondent: Shain Poyarra
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Misc Commercial Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs in favour of the petitioner.
Legal Topics
Affidavit Attestation, Preliminary Objection, Compliance With Statutory Requirements, Unfair Prejudice in Company Law
Source Language
English
Company Law Civil Procedure Affidavit Attestation Preliminary Objection Compliance With Statutory Requirements Unfair Prejudice in Company Law

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Parties

Furaha Trading Company Ltd

Petitioner

Afri Tea and Coffee Blenders (1963) Ltd

1st Respondent

Yusuf Mulla

2nd Respondent

Shain Poyarra

3rd Respondent

Procedural Posture

Misc Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether omission of the word 'Truly' in the jurat of attestation renders the affidavit incurably defective under Section 8 of the Notaries Public and Commissioner for Oaths Act Cap 12
  2. 2 Whether the preliminary objection raises a pure point of law

Ratio Decidendi

The jurat of attestation in the affidavit complied with Section 8 of the Notaries Public and Commissioner for Oaths Act Cap 12 by stating the place and date of attestation. The omission of the word 'Truly' does not render the affidavit incurably defective. The preliminary objection does not raise a pure point of law and is dismissed for lack of merit.

Court Disposition

Preliminary objection dismissed with costs in favour of the petitioner.

Orders

  • Preliminary objection dismissed
  • Costs awarded to petitioner