dodsal hydrocarbones power t ltd 2 others vs hasmukh bhagwaji masrani 2012 tzhccomd 50 11 june 2012

dodsal hydrocarbones power t ltd 2 others vs hasmukh bhagwaji masrani 2012 tzhccomd 50 11 june 2012

The amended plaint, reply to written statement of defence, and supporting affidavits were fatally defective for bearing scanned signatures and lacking proper verification clauses, in disregard of prior court orders. The applicants failed to cure defects as ordered, and the subsequent filing of a second application for interim injunction constituted duplication and abuse of process. Both applications and the main suit were struck out with costs.

Citation
dodsal hydrocarbones power t ltd 2 others vs hasmukh bhagwaji masrani 2012 tzhccomd 50 11 june 2012
Parties
Plaintiff/applicant: DODSAL HYDROCARBONES & POWER TANZANIA LTD; Plaintiff/applicant: DODSAL RESOURCES & MINING ITILIMA BUSILI (TANZANIA) PVT; Plaintiff/applicant: DODSAL RESOURCES & MINING ITING (TANZANIA) PVT LIMITED; Defendant/respondent: HASMUKH BHAGWAJI MASRANI
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 June 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objections and Applications
Outcome
Suit and applications struck out with costs
Legal Topics
Defective Pleadings, Verification Clause, Scanned Signatures, Court Fees, Affidavit Defects, Abuse of Process, Interim Injunctions
Source Language
English
Civil Procedure Commercial Law Defective Pleadings Verification Clause Scanned Signatures Court Fees Affidavit Defects Abuse of Process +1 more

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Parties

DODSAL HYDROCARBONES & POWER TANZANIA LTD

Plaintiff/applicant

DODSAL RESOURCES & MINING ITILIMA BUSILI (TANZANIA) PVT

Plaintiff/applicant

DODSAL RESOURCES & MINING ITING (TANZANIA) PVT LIMITED

Plaintiff/applicant

HASMUKH BHAGWAJI MASRANI

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objections and Applications

Legal Issues

  1. 1 Whether amended pleadings bearing scanned signatures and lacking proper verification clauses are fatally defective
  2. 2 Whether failure to pay court fees for annextures in amended pleadings is fatal
  3. 3 Whether affidavits in support of applications bearing scanned signatures are defective

Ratio Decidendi

The amended plaint, reply to written statement of defence, and supporting affidavits were fatally defective for bearing scanned signatures and lacking proper verification clauses, in disregard of prior court orders. The applicants failed to cure defects as ordered, and the subsequent filing of a second application for interim injunction constituted duplication and abuse of process. Both applications and the main suit were struck out with costs.

Court Disposition

Suit and applications struck out with costs

Orders

  • Amended plaint and amended reply to written statement of defence struck out
  • Affidavits of Mr. Rajen A. Kilachand (15 March 2012) and Mr. Raphael Sikira (27 March 2012) expunged from record