20180926 TZHC Dar es Salaam
The counter affidavit contains arguments and conclusions rather than facts, rendering it defective and liable to be struck out.
- Citation
- 20180926 TZHC Dar es Salaam
- Parties
- Applicant/defendant: J.W. Ladwa (1977) Limited; Respondent/plaintiff: Amir Sunderji
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 September 2018
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection to Counter Affidavit
- Outcome
- Counter affidavit struck out; application to proceed on merits
- Legal Topics
- Affidavit Requirements, Preliminary Objections, Striking Out Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
J.W. Ladwa (1977) Limited
Applicant/defendant
Amir Sunderji
Respondent/plaintiff
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection to Counter Affidavit
Legal Issues
- 1 Whether the respondent's counter affidavit contains arguments and conclusions contrary to law
- 2 Whether the counter affidavit should be struck out for containing defective paragraphs
Ratio Decidendi
The counter affidavit contains arguments and conclusions rather than facts, rendering it defective and liable to be struck out.
Court Disposition
Counter affidavit struck out; application to proceed on merits
Orders
- Counter affidavit struck out
- Application to proceed on merits
Full Case Text
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