dodsal hyrocarbons power tanzania limited others vs hasmukh bhagwanji masrani 2011 tzhc 2165 29 august 2011

dodsal hyrocarbons power tanzania limited others vs hasmukh bhagwanji masrani 2011 tzhc 2165 29 august 2011

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

Citation
dodsal hyrocarbons power tanzania limited others vs hasmukh bhagwanji masrani 2011 tzhc 2165 29 august 2011
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 upheld in part; affidavits and witness statement expunged; defects in pleadings curable by amendment with leave; costs to defendant in the cause.
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 date in jurat of attestation 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 the date in the jurat of attestation are fatally defective and incurable by amendment; scanned signatures on affidavits are not recognized as valid under Tanzanian law; defects in pleadings such as scanned signatures or lack of verification clause are curable by amendment with leave of court; witness statements are not recognized at the pleadings stage and must be expunged.

Court Disposition

Preliminary objection upheld in part; affidavits and witness statement expunged; defects in pleadings curable by amendment with leave; costs to defendant in the cause.

Orders

  • Affidavits of Mr. Rajen A. Kilachand and Mr. Manan Shah expunged from the court record.
  • Witness statement of Mr. Abhimanyu Jalan expunged from the court record.