abdi ali mumin vs motors ltd and another 1997 tzhc 195 26 august 1997

abdi ali mumin vs motors ltd and another 1997 tzhc 195 26 august 1997

Paragraphs 8 and 9 of the applicant's affidavit are struck out for non-compliance with affidavit requirements, but the remaining paragraphs suffice for the application to proceed. The question of locus standi cannot be conclusively determined at this stage and will be addressed at the hearing of the main suit.

Citation
abdi ali mumin vs motors ltd and another 1997 tzhc 195 26 august 1997
Parties
Plaintiff/applicant: Abdi Ali Mumin; Defendant/respondent: M/S 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 Requirements, Locus Standi, Attachment Before Judgment
Source Language
English
Civil Procedure Affidavit Requirements Locus Standi Attachment Before Judgment

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Parties

Abdi Ali Mumin

Plaintiff/applicant

M/S 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 bring the suit in his personal capacity

Ratio Decidendi

Paragraphs 8 and 9 of the applicant's affidavit are struck out for non-compliance with affidavit requirements, but the remaining paragraphs suffice for the application to proceed. The question of locus standi cannot be conclusively determined at this stage and will be addressed at the hearing of the main suit.

Court Disposition

Preliminary objection overruled in part

Orders

  • Paragraphs 8 and 9 of the applicant's affidavit are struck off
  • Application to proceed on the basis of the remaining affidavit paragraphs