ben mahenge vs mucoba plc 2 others 2023 tzhc 17519 30 may 2023
While the objection regarding the missing affidavit has merit, the irregularity is minor and curable under the overriding objective principle; the applicant is ordered to supply the supporting affidavit instead of striking out the application.
- Citation
- ben mahenge vs mucoba plc 2 others 2023 tzhc 17519 30 may 2023
- Parties
- Applicant: Ben Mahenge; 1st Respondent: MUCOBA PLC; 2nd Respondent: Nutmeg Auctioneers & Property Managers Co. Ltd.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 May 2023
- Procedural Posture
- Reference / Ruling on Preliminary Objection
- Outcome
- objection upheld but application not struck out
- Legal Topics
- Affidavit Requirement, Curable Irregularities, Overriding Objective, Civil Litigation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ben Mahenge
Applicant
MUCOBA PLC
1st Respondent
Nutmeg Auctioneers & Property Managers Co. Ltd.
2nd Respondent
Procedural Posture
Reference / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to attach a supporting affidavit to an amended chamber summons renders the application incompetent
- 2 Whether such irregularity is curable under the overriding objective principle
Ratio Decidendi
While the objection regarding the missing affidavit has merit, the irregularity is minor and curable under the overriding objective principle; the applicant is ordered to supply the supporting affidavit instead of striking out the application.
Court Disposition
objection upheld but application not struck out
Orders
- Applicant to supply the supporting affidavit to the court and respondent
- No order as to costs
Full Case Text
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