20130416 TZCA Dar es Salaam 1

The Court held that there is no requirement under Rule 49(2) for the supplementary affidavit to be attached when seeking consent, and allowing the filing would not prejudice the respondent as they retain the right to reply. The adjournment was granted with the condition that the supplementary affidavit must not pre-empt the preliminary objection.

Citation: 20130416 TZCA Dar es Salaam 1
Parties: Applicant: Consolidated Holding Corporation; 1st Respondent: African Terminals Limited; 2nd Respondent: Unnamed 2nd Respondent; 3rd Respondent: Unnamed 3rd Respondent
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 16 April 2013
Procedural Posture: Civil Appeal / Application for Stay of Execution; Interlocutory Application for Adjournment to File Supplementary Affidavit
Outcome: Application for adjournment granted
Legal Topics: Stay of Execution, Supplementary Affidavit, Adjournment, Court of Appeal Rules
Source Language: English

Civil Procedure Stay of Execution Supplementary Affidavit Adjournment Court of Appeal Rules

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Parties

Consolidated Holding Corporation

Applicant

African Terminals Limited

1st Respondent

Unnamed 2nd Respondent

2nd Respondent

Unnamed 3rd Respondent

3rd Respondent

Procedural Posture

Civil Appeal / Application for Stay of Execution; Interlocutory Application for Adjournment to File Supplementary Affidavit

Legal Issues

1 Whether the applicant should be granted an adjournment to file a supplementary affidavit in support of the application for stay of execution

Ratio Decidendi

Court Disposition

Application for adjournment granted

Orders

Applicant allowed to file supplementary affidavit, provided it does not pre-empt the preliminary objection
Costs in the cause