allan daniel mhina vs hozza trading co limited 2024 tzhcld 12 15 february 2024
The application is incompetent due to the defective affidavit attested by an advocate without a valid practicing certificate; applicant is granted leave to refile within seven days.
- Citation
- allan daniel mhina vs hozza trading co limited 2024 tzhcld 12 15 february 2024
- Parties
- Applicant: Allan Daniel Mhina; Respondent: Hozza Trading Co. Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2024
- Procedural Posture
- Revision Application / Preliminary Objection Ruling
- Outcome
- application struck out with leave to refile
- Legal Topics
- Affidavit Validity, Advocate Practicing Certificate, Court Procedure
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Allan Daniel Mhina
Applicant
Hozza Trading Co. Limited
Respondent
Procedural Posture
Revision Application / Preliminary Objection Ruling
Legal Issues
- 1 Whether the affidavit attested by an advocate without a valid practicing certificate renders the application incompetent
Ratio Decidendi
The application is incompetent due to the defective affidavit attested by an advocate without a valid practicing certificate; applicant is granted leave to refile within seven days.
Court Disposition
application struck out with leave to refile
Orders
- Applicant granted seven days leave to file proper application by 23rd February 2024
Full Case Text
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