bp tanzania ltd vs nyanza co operative union 2005 tzhccomd 1 3 june 2005

bp tanzania ltd vs nyanza co operative union 2005 tzhccomd 1 3 june 2005

The affidavits in support of the chamber summons were defective for lack of a proper jurat and unsigned verification, rendering the chamber summons incompetent and subject to being struck out.

Citation
bp tanzania ltd vs nyanza co operative union 2005 tzhccomd 1 3 june 2005
Parties
Plaintiff: BP Tanzania Limited; Defendant/applicant: Nyanza Cooperative Union (1984) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 June 2005
Procedural Posture
Commercial Case / Ruling on Chamber Summons to Set Aside Sale in Execution
Outcome
Application struck out with costs
Legal Topics
Execution of Decree, Affidavit Requirements, Setting Aside Sale
Source Language
English
Civil Procedure Commercial Law Execution of Decree Affidavit Requirements Setting Aside Sale

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Parties

BP Tanzania Limited

Plaintiff

Nyanza Cooperative Union (1984) Limited

Defendant/applicant

Procedural Posture

Commercial Case / Ruling on Chamber Summons to Set Aside Sale in Execution

Legal Issues

  1. 1 Whether the affidavits supporting the chamber summons comply with statutory requirements
  2. 2 Whether the chamber summons is competent in the absence of valid affidavits

Ratio Decidendi

The affidavits in support of the chamber summons were defective for lack of a proper jurat and unsigned verification, rendering the chamber summons incompetent and subject to being struck out.

Court Disposition

Application struck out with costs

Orders

  • Chamber summons struck out as incompetent
  • Applicant to pay costs