19970826 TZHC Dar es Salaam

19970826 TZHC Dar es Salaam

Paragraphs 8 and 9 of the affidavit are struck off for failing to disclose sources of information and belief; remaining paragraphs are valid. Plaintiff's locus standi cannot be determined at this stage due to evidence showing personal involvement; issue to be canvassed at trial.

Citation
19970826 TZHC Dar es Salaam
Parties
Plaintiff/applicant: Abdi Ali Mumin; Defendant/respondent: GS Motors Ltd.; Defendant/respondent: G. Schnoor
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 August 1997
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled in part
Legal Topics
Affidavit Defects, Locus Standi, Attachment Before Judgment
Source Language
English
Civil Procedure Affidavit Defects Locus Standi Attachment Before Judgment

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Parties

Abdi Ali Mumin

Plaintiff/applicant

GS Motors Ltd.

Defendant/respondent

G. Schnoor

Defendant/respondent

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is defective for lack of disclosure of sources of information and belief
  2. 2 Whether the Plaintiff has locus standi to sue in his personal capacity

Ratio Decidendi

Paragraphs 8 and 9 of the affidavit are struck off for failing to disclose sources of information and belief; remaining paragraphs are valid. Plaintiff's locus standi cannot be determined at this stage due to evidence showing personal involvement; issue to be canvassed at trial.

Court Disposition

Preliminary objection overruled in part

Orders

  • Paragraphs 8 and 9 of the Applicant's affidavit are struck off
  • Main application to proceed on remaining affidavit paragraphs