colgate palmolive company vs chemi cotex industries ltd 2007 tzhc 16 2 november 2007

colgate palmolive company vs chemi cotex industries ltd 2007 tzhc 16 2 november 2007

The affidavit is defective due to inconsistent verification clauses, but the defect does not render it incompetent; the applicant is permitted to file an amended affidavit to cure the defect.

Citation
colgate palmolive company vs chemi cotex industries ltd 2007 tzhc 16 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 Application (preliminary Objection) / Ruling on Preliminary Objection to Affidavit in Interlocutory Application
Outcome
Preliminary objection overruled; applicant allowed to amend affidavit.
Legal Topics
Affidavit Verification, Preliminary Objection, Interlocutory Injunction, Amendment of Affidavit
Source Language
English
Civil Procedure Affidavit Verification Preliminary Objection Interlocutory Injunction Amendment of Affidavit

Case Brief

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Parties

Colgate Palmolive Company

Applicant

Chemi Cotex Industries Ltd

Respondent

Procedural Posture

Civil Application (preliminary Objection) / Ruling on Preliminary Objection to Affidavit in Interlocutory Application

Legal Issues

  1. 1 Whether paragraphs 7 and 8 of the applicant's affidavit are defective for lack of proper verification or failure to disclose source of information or belief
  2. 2 Whether such defects, if any, render the affidavit incompetent or are curable by amendment

Ratio Decidendi

The affidavit is defective due to inconsistent verification clauses, but the defect does not render it incompetent; the applicant is permitted to file an amended affidavit to cure the defect.

Court Disposition

Preliminary objection overruled; applicant allowed to amend affidavit.

Orders

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