DAVID JOSEPH MAHENDE VS AFRISCAN CONSTRUCTION CO

DAVID JOSEPH MAHENDE VS AFRISCAN CONSTRUCTION CO

The application by the intervenors is incompetent due to improper titling and constitution, as intervenors should be named as applicants and Afriscan Construction Co. Limited as respondent. The objection regarding the affidavit was disregarded as no specific law was shown to be offended.

Citation
DAVID JOSEPH MAHENDE VS AFRISCAN CONSTRUCTION CO
Parties
Intervenor: David Joseph Mahende; Intervenor: Said Abdallah Msangi; Applicant: Afriscan Construction Co. Limited; 1st Respondent: Ministry of Agriculture and Food Security; 2nd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections to Intervenor Application
Outcome
Application struck out with costs
Legal Topics
Intervention, Party Joinder, Affidavit Formalities
Source Language
English
Civil Procedure Intervention Party Joinder Affidavit Formalities

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Parties

David Joseph Mahende

Intervenor

Said Abdallah Msangi

Intervenor

Afriscan Construction Co. Limited

Applicant

Ministry of Agriculture and Food Security

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections to Intervenor Application

Legal Issues

  1. 1 Whether the intervenors' application was properly titled and constituted
  2. 2 Whether a single affidavit sworn by two deponents of different beliefs before the same Commissioner for Oaths is valid

Ratio Decidendi

The application by the intervenors is incompetent due to improper titling and constitution, as intervenors should be named as applicants and Afriscan Construction Co. Limited as respondent. The objection regarding the affidavit was disregarded as no specific law was shown to be offended.

Court Disposition

Application struck out with costs

Orders

  • Application by intervenors struck out with costs