alex dinka ndibalema and another vs crdb bank plc and 2 others 2011 tzhclandd 8 21 july 2011

alex dinka ndibalema and another vs crdb bank plc and 2 others 2011 tzhclandd 8 21 july 2011

The affidavit supporting the application is not incurably defective as the paragraphs in question set out legal issues for the Court of Appeal and the verification clause is sufficient. The existence of a pending counter claim does not preclude the applicants from seeking leave to appeal, as the right to appeal is distinct from the right to pursue a counter claim.

Citation
alex dinka ndibalema and another vs crdb bank plc and 2 others 2011 tzhclandd 8 21 july 2011
Parties
Applicant: Alex Dinka Ndibalema; Applicant: Magreth Alex Ndibalema; Respondent: CRDB Bank PLC; Respondent: Kimbembe Auction Mart Limited; Respondent: The Purchaser of Plot Number No. 286 Block G Mbezi Beach DSM
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 July 2011
Procedural Posture
Application for Leave to Appeal / Ruling on Preliminary Objection
Outcome
preliminary objections dismissed
Legal Topics
Affidavit Defects, Leave to Appeal, Counter Claim, Preliminary Objection
Source Language
English
Civil Procedure Land Law Affidavit Defects Leave to Appeal Counter Claim Preliminary Objection

Case Brief

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Parties

Alex Dinka Ndibalema

Applicant

Magreth Alex Ndibalema

Applicant

CRDB Bank PLC

Respondent

Kimbembe Auction Mart Limited

Respondent

The Purchaser of Plot Number No. 286 Block G Mbezi Beach DSM

Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective
  2. 2 Whether the existence of a pending counter claim precludes the application for leave to appeal

Ratio Decidendi

The affidavit supporting the application is not incurably defective as the paragraphs in question set out legal issues for the Court of Appeal and the verification clause is sufficient. The existence of a pending counter claim does not preclude the applicants from seeking leave to appeal, as the right to appeal is distinct from the right to pursue a counter claim.

Court Disposition

preliminary objections dismissed

Orders

  • Both points of preliminary objection are dismissed as without merit.
  • Costs awarded to the applicants.