lycopodium tanzania ltd vs power road t ltd and others 2020 tzhccomd 1990 23 july 2020

lycopodium tanzania ltd vs power road t ltd and others 2020 tzhccomd 1990 23 july 2020

The defects in the affidavit (paragraphs 8, 10, 14, and 17) are not substantial enough to render the entire affidavit incurably defective. The Court has discretion to allow amendment by expunging or correcting the defective paragraphs. The applicant is granted leave to file a fresh affidavit within seven days to cure the defects.

Citation
lycopodium tanzania ltd vs power road t ltd and others 2020 tzhccomd 1990 23 july 2020
Parties
Applicant/2nd Defendant: Lycopodium Tanzania Ltd; 1st Respondent/1st Defendant: Power Road (T) Limited; 2nd Respondent/defendant: Pangea Minerals Ltd; 3rd Respondent/plaintiff: Petrofuel (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 July 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Preliminary objection partially upheld
Legal Topics
Affidavit Defects, Verification Clause, Extension of Time, Preliminary Objection, Amendment of Pleadings
Source Language
English
Civil Procedure Commercial Law Affidavit Defects Verification Clause Extension of Time Preliminary Objection Amendment of Pleadings

Case Brief

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Parties

Lycopodium Tanzania Ltd

Applicant/2nd Defendant

Power Road (T) Limited

1st Respondent/1st Defendant

Pangea Minerals Ltd

2nd Respondent/defendant

Petrofuel (T) Limited

3rd Respondent/plaintiff

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for a defective verification clause, extraneous matters, and being sworn by an incompetent person
  2. 2 Whether the defects warrant striking out the entire affidavit or amendment

Ratio Decidendi

The defects in the affidavit (paragraphs 8, 10, 14, and 17) are not substantial enough to render the entire affidavit incurably defective. The Court has discretion to allow amendment by expunging or correcting the defective paragraphs. The applicant is granted leave to file a fresh affidavit within seven days to cure the defects.

Court Disposition

Preliminary objection partially upheld

Orders

  • Paragraphs 8, 10, 14, and 17 of the affidavit are found defective.
  • Applicant granted seven days to file a fresh affidavit curing the defects.