20110721 TZHC Dar es Salaam

20110721 TZHC Dar es Salaam

The affidavit in support of the application was not incurably defective as it complied with legal requirements, and the existence of a pending counter claim does not preclude the applicants' right to seek leave to appeal. Both preliminary objections lacked merit and were dismissed.

Citation
20110721 TZHC Dar es Salaam
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
TZHC
Jurisdiction
Tanzania
Judgment Date
21 July 2011
Procedural Posture
Application for Leave to Appeal / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Affidavit Defects, Leave to Appeal, Counter Claim, Preliminary Objections
Source Language
English
Civil Procedure Land Law Affidavit Defects Leave to Appeal Counter Claim Preliminary Objections

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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 Objections

Legal Issues

  1. 1 Whether the affidavit in support of 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 in support of the application was not incurably defective as it complied with legal requirements, and the existence of a pending counter claim does not preclude the applicants' right to seek leave to appeal. Both preliminary objections lacked merit and were dismissed.

Court Disposition

preliminary objections dismissed

Orders

  • Both preliminary objections are dismissed with costs awarded to the applicants.