awaniel mtui others vs stanley ephata kimabo 2013 tzca 239 13 december 2013

awaniel mtui others vs stanley ephata kimabo 2013 tzca 239 13 december 2013

The preliminary objections fail because late service of submissions is not sanctioned by Rule 106(9), and the affidavit is not defective as the attesting officer's name appears in the jurat.

Citation
awaniel mtui others vs stanley ephata kimabo 2013 tzca 239 13 december 2013
Parties
Applicant: Awiniel Mtui; Applicant: Rogate Minja; Applicant: Lilian Mamuya; Applicant: Vodacom; Respondent: Stanley Ephata Kimabo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2013
Procedural Posture
Civil Application / Ruling on Preliminary Objections in Application for Stay of Execution
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Stay of Execution, Preliminary Objection, Affidavit Defects, Service of Documents
Source Language
English
Civil Procedure Stay of Execution Preliminary Objection Affidavit Defects Service of Documents

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Parties

Awiniel Mtui

Applicant

Rogate Minja

Applicant

Lilian Mamuya

Applicant

Vodacom

Applicant

Stanley Ephata Kimabo

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objections in Application for Stay of Execution

Legal Issues

  1. 1 Whether late service of written submissions invalidates the application under Rule 106(7) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the affidavit is incurably defective for not disclosing the name of the attesting officer

Ratio Decidendi

The preliminary objections fail because late service of submissions is not sanctioned by Rule 106(9), and the affidavit is not defective as the attesting officer's name appears in the jurat.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • Both preliminary objections are dismissed with costs.