bibiti ginneries ltd vs t railways corporation another 2007 tzhccomd 38 10 may 2007

bibiti ginneries ltd vs t railways corporation another 2007 tzhccomd 38 10 may 2007

The affidavit in support of the application was sworn by the applicant's advocate on matters not within his personal knowledge, contrary to Order XIX Rule 3(1) of the Civil Procedure Code. The application is substantive, not interlocutory, and the defect is not curable by amendment. Therefore, the application is struck out.

Citation
bibiti ginneries ltd vs t railways corporation another 2007 tzhccomd 38 10 may 2007
Parties
Applicant: Bibiti Ginneries Limited; 1st Respondent: Tanzania Railways Corporation; 2nd Respondent: Parastatal Sector Reform Commission (PSRC)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 May 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Requirements, Leave to Sue Public Corporation, Procedural Defects, Interlocutory Vs Substantive Applications
Source Language
English
Civil Procedure Affidavit Requirements Leave to Sue Public Corporation Procedural Defects Interlocutory Vs Substantive Applications

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Parties

Bibiti Ginneries Limited

Applicant

Tanzania Railways Corporation

1st Respondent

Parastatal Sector Reform Commission (PSRC)

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an advocate can swear an affidavit in support of an application on matters not within his personal knowledge
  2. 2 Whether the application is interlocutory or substantive
  3. 3 Whether the defect in the affidavit is curable

Ratio Decidendi

The affidavit in support of the application was sworn by the applicant's advocate on matters not within his personal knowledge, contrary to Order XIX Rule 3(1) of the Civil Procedure Code. The application is substantive, not interlocutory, and the defect is not curable by amendment. Therefore, the application is struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.