20171010 TZHC Dar es Salaam

20171010 TZHC Dar es Salaam

The preliminary objection lacks merit because the errors in the affidavit are curable and do not go to the root of the application; pleadings signed by an advocate trading under a business name are valid.

Citation
20171010 TZHC Dar es Salaam
Parties
Applicant: Coletta Mathias Mdaki; Respondent: Thadei Siriaka Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 October 2017
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs.
Legal Topics
Affidavit Defects, Preliminary Objection, Business Names in Legal Practice, Verification Clause
Source Language
English
Civil Procedure Affidavit Defects Preliminary Objection Business Names in Legal Practice Verification Clause

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Coletta Mathias Mdaki

Applicant

Thadei Siriaka Massawe

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a typographical error in the deponent's name in the affidavit verification clause is fatal
  2. 2 Whether failure to date the verification clause renders the affidavit defective
  3. 3 Whether pleadings drawn and filed under a business name are incurably defective

Ratio Decidendi

The preliminary objection lacks merit because the errors in the affidavit are curable and do not go to the root of the application; pleadings signed by an advocate trading under a business name are valid.

Court Disposition

Preliminary objection dismissed with costs.

Orders

  • Preliminary objection overruled
  • Application to proceed to hearing on 1/12/2017