EQUITY BANK TANZANIA LTD VS BASHASHA MERCHANDISE DEALERS LTD MISC

EQUITY BANK TANZANIA LTD VS BASHASHA MERCHANDISE DEALERS LTD MISC

The affidavit in opposition sworn by Obadia Kajungu is incurably defective for lacking a jurat of attestation, which is a substantive requirement. The defect is not curable and the affidavit cannot be acted upon. The proper order is to strike out the affidavit, not to reject it or allow refiling.

Citation
EQUITY BANK TANZANIA LTD VS BASHASHA MERCHANDISE DEALERS LTD MISC
Parties
Petitioner: Equity Bank Tanzania Limited; Respondent: Bashasha Merchandise Dealers Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Misc. Commercial Cause (winding Up Petition) / Ruling on Preliminary Objections
Outcome
Affidavit in opposition struck out for being incurably defective. Costs awarded to petitioner.
Legal Topics
Affidavit Defects, Winding Up Proceedings, Preliminary Objections, Verification and Attestation Requirements
Source Language
English
Company Law Civil Procedure Affidavit Defects Winding Up Proceedings Preliminary Objections Verification and Attestation Requirements

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Parties

Equity Bank Tanzania Limited

Petitioner

Bashasha Merchandise Dealers Limited

Respondent

Procedural Posture

Misc. Commercial Cause (winding Up Petition) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in opposition is incurably defective for want of attestation clause (jurat)
  2. 2 Whether the affidavit is defective for containing a defective verification clause
  3. 3 Whether the affidavit is defective for being sworn by a person not conversant with the facts

Ratio Decidendi

The affidavit in opposition sworn by Obadia Kajungu is incurably defective for lacking a jurat of attestation, which is a substantive requirement. The defect is not curable and the affidavit cannot be acted upon. The proper order is to strike out the affidavit, not to reject it or allow refiling.

Court Disposition

Affidavit in opposition struck out for being incurably defective. Costs awarded to petitioner.

Orders

  • The first preliminary objection is sustained.
  • The affidavit in opposition is struck out for being incurably defective.