TWIGA BANCORP LTD VS MASHALLAH INVESTMENT OIL CO

TWIGA BANCORP LTD VS MASHALLAH INVESTMENT OIL CO

The applicant failed to specify how the impugned paragraphs were argumentative; general allegations are insufficient. The court found no merit in the objection and dismissed it.

Citation
TWIGA BANCORP LTD VS MASHALLAH INVESTMENT OIL CO
Parties
Plaintiff/respondent: Twiga Bancorp Ltd; Defendant/applicant: Mashallah Investment Oil Co. Ltd; Defendant/applicant: Meis Industries Co. Ltd; Defendant/applicant: Islam Ally Saleh; Defendant/applicant: Merey Ally Saleh
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs in the cause.
Legal Topics
Affidavits, Preliminary Objection, Argumentative Affidavit, Evidence
Source Language
English
Civil Procedure Affidavits Preliminary Objection Argumentative Affidavit Evidence

Case Brief

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Parties

Twiga Bancorp Ltd

Plaintiff/respondent

Mashallah Investment Oil Co. Ltd

Defendant/applicant

Meis Industries Co. Ltd

Defendant/applicant

Islam Ally Saleh

Defendant/applicant

Merey Ally Saleh

Defendant/applicant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether paragraphs 5 to 12 of the Counter Affidavit are argumentative and thus offensive to the law on affidavits

Ratio Decidendi

The applicant failed to specify how the impugned paragraphs were argumentative; general allegations are insufficient. The court found no merit in the objection and dismissed it.

Court Disposition

Preliminary objection dismissed with costs in the cause.

Orders

  • Preliminary objection dismissed
  • Costs to be in the cause