colgate palmotive compay vs chemi cotex industries ltd 2007 tzhc 29 2 november 2007

colgate palmotive compay vs chemi cotex industries ltd 2007 tzhc 29 2 november 2007

The affidavit contains two verification clauses, creating a defect, but this does not render the affidavit incompetent. The defect can be remedied by amendment. The preliminary objection does not meet the tests for a preliminary objection as set out in Mukisa Biscuit's case and is overruled. The applicant is allowed to file an amended affidavit within 7 days.

Citation
colgate palmotive compay vs chemi cotex industries ltd 2007 tzhc 29 2 november 2007
Parties
Applicant: Colgate Palmolive Company; Respondent: Chemi Cotex Industries Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 November 2007
Procedural Posture
Civil / Ruling on Preliminary Objection to Affidavit in Interlocutory Application
Outcome
Preliminary objection overruled; applicant allowed to amend affidavit within 7 days.
Legal Topics
Affidavits, Verification of Affidavits, Preliminary Objection, Interlocutory Applications
Source Language
English
Civil Procedure Affidavits Verification of Affidavits Preliminary Objection Interlocutory Applications

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 6 Party arguments 2
Sign in to unlock

Parties

Colgate Palmolive Company

Applicant

Chemi Cotex Industries Ltd

Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection to Affidavit in Interlocutory Application

Legal Issues

  1. 1 Whether paragraphs 7 and 8 of the applicant's supporting affidavit are defective for lack of proper or adequate verification
  2. 2 Whether failure to disclose source of information or grounds of belief renders the affidavit incompetent
  3. 3 Whether the defect, if any, is fatal or can be remedied

Ratio Decidendi

The affidavit contains two verification clauses, creating a defect, but this does not render the affidavit incompetent. The defect can be remedied by amendment. The preliminary objection does not meet the tests for a preliminary objection as set out in Mukisa Biscuit's case and is overruled. The applicant is allowed to file an amended affidavit within 7 days.

Court Disposition

Preliminary objection overruled; applicant allowed to amend affidavit within 7 days.

Orders

  • Applicant to file amended affidavit within 7 days of ruling.
  • Costs to be in the event.