dodsal hydrocarbons power t ltd 2 others vs hasmukh bhagwanji masrani 2011 tzhccomd 2098 29 august 2011

dodsal hydrocarbons power t ltd 2 others vs hasmukh bhagwanji masrani 2011 tzhccomd 2098 29 august 2011

Affidavits lacking the date in the jurat of attestation are fatally defective and must be struck out; scanned signatures on affidavits and pleadings are not recognized as valid under Tanzanian law, but defects in pleadings (not affidavits) regarding scanned signatures and lack of verification clause are curable by amendment with leave of the court; witness statements are not recognized at the pleadings stage and must be expunged from the record.

Citation
dodsal hydrocarbons power t ltd 2 others vs hasmukh bhagwanji masrani 2011 tzhccomd 2098 29 august 2011
Parties
Plaintiff/applicant: Dodsal Hydrocarbons & Power (Tanzania) Limited; Plaintiff/applicant: Dodsal Resources & Mining Itilima Busili (Tanzania) Pvt; Plaintiff/applicant: Dodsal Resources & Mining Itingi (Tanzania) Pvt Limited; Defendant/respondent: Hasmukh Bhagwanji Masrani
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 August 2011
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
preliminary objection upheld in part
Legal Topics
Affidavits, Jurat of Attestation, Scanned Signatures, Verification Clause, Witness Statements, Electronic Signatures
Source Language
English
Civil Procedure Commercial Law Affidavits Jurat of Attestation Scanned Signatures Verification Clause Witness Statements Electronic Signatures

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Parties

Dodsal Hydrocarbons & Power (Tanzania) Limited

Plaintiff/applicant

Dodsal Resources & Mining Itilima Busili (Tanzania) Pvt

Plaintiff/applicant

Dodsal Resources & Mining Itingi (Tanzania) Pvt Limited

Plaintiff/applicant

Hasmukh Bhagwanji Masrani

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether affidavits lacking proper jurat of attestation (missing date) are fatally defective
  2. 2 Whether pleadings and affidavits bearing scanned signatures are valid under Tanzanian law
  3. 3 Whether lack of verification clause in pleadings is fatal

Ratio Decidendi

Affidavits lacking the date in the jurat of attestation are fatally defective and must be struck out; scanned signatures on affidavits and pleadings are not recognized as valid under Tanzanian law, but defects in pleadings (not affidavits) regarding scanned signatures and lack of verification clause are curable by amendment with leave of the court; witness statements are not recognized at the pleadings stage and must be expunged from the record.

Court Disposition

preliminary objection upheld in part

Orders

  • Affidavits of Mr. Rajen A. Kilachand and Mr. Manan Shah are struck out and expunged from the court record for want of proper jurat of attestation.
  • Defects in the Plaintiff's reply to the written statement of defence and plaint (scanned signatures, lack of verification clause) are curable by amendment with leave of the court.