archie chamungwana mgoda vs azania bancorp ltd 2 others 2004 tzhccomd 4 25 march 2004

archie chamungwana mgoda vs azania bancorp ltd 2 others 2004 tzhccomd 4 25 march 2004

The amended chamber summons was not supported by any affidavit as required by law; therefore, there was no evidence before the court to determine the merits of the application. The application was struck out for want of a supporting affidavit.

Citation
archie chamungwana mgoda vs azania bancorp ltd 2 others 2004 tzhccomd 4 25 march 2004
Parties
Applicant: Archie Chamungwana Mgodah; Applicant: Upendo Catherine Chamungwana; Respondent: Azania Bancorp Limited; Respondent: Adili Securities Limited; Respondent: Sadock Dotto Magai, Receiver
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 March 2004
Procedural Posture
Commercial Case / Ruling on Application for Temporary Injunction and Declaratory Orders
Outcome
Application struck out
Legal Topics
Temporary Injunctions, Affidavit Requirements, Amendment of Pleadings, Mortgage Enforcement, Executorship
Source Language
English
Civil Procedure Commercial Law Temporary Injunctions Affidavit Requirements Amendment of Pleadings Mortgage Enforcement Executorship

Case Brief

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Parties

Archie Chamungwana Mgodah

Applicant

Upendo Catherine Chamungwana

Applicant

Azania Bancorp Limited

Respondent

Adili Securities Limited

Respondent

Sadock Dotto Magai, Receiver

Respondent

Procedural Posture

Commercial Case / Ruling on Application for Temporary Injunction and Declaratory Orders

Legal Issues

  1. 1 Whether an amended chamber summons without a supporting affidavit is competent
  2. 2 Whether the previous affidavit can support an amended chamber summons
  3. 3 Whether the application can be determined on merits without a supporting affidavit

Ratio Decidendi

The amended chamber summons was not supported by any affidavit as required by law; therefore, there was no evidence before the court to determine the merits of the application. The application was struck out for want of a supporting affidavit.

Court Disposition

Application struck out

Orders

  • Chamber summons struck out for lack of supporting affidavit
  • Ruling to be communicated to applicants through their former advocate