20120803 TZHC Arusha

20120803 TZHC Arusha

The defects in the affidavit were curable and the trial magistrate should have allowed amendment or expunged the offending paragraphs; the application should be restored and the appellant allowed to file a proper application, with costs to the respondent.

Citation
20120803 TZHC Arusha
Parties
Appellant: Ally Hassan Mwanakatwe; Respondent: Leon Shirima (suing through Martha Marco)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 August 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Affidavit Defects, Amendment of Pleadings, Preliminary Objection, Restoration of Dismissed Application
Source Language
English
Civil Procedure Affidavit Defects Amendment of Pleadings Preliminary Objection Restoration of Dismissed Application

Case Brief

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Parties

Ally Hassan Mwanakatwe

Appellant

Leon Shirima (suing through Martha Marco)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in dismissing the application for curable defects in the affidavit
  2. 2 Whether the application should have been struck out or allowed amendment due to citation errors
  3. 3 Whether execution could proceed without an extracted order

Ratio Decidendi

The defects in the affidavit were curable and the trial magistrate should have allowed amendment or expunged the offending paragraphs; the application should be restored and the appellant allowed to file a proper application, with costs to the respondent.

Court Disposition

appeal allowed

Orders

  • Dismissed application restored
  • Appellant granted leave to file a proper application