perseroan rerbatas pt wings surya vs wilfred malekia 2003 tzhccomd 35 20 november 2003

perseroan rerbatas pt wings surya vs wilfred malekia 2003 tzhccomd 35 20 november 2003

The affidavit is not fatally defective as the deponent was the investigator and source of information, and the respondents can seek clarification through cross-examination. Errors in citation of legal provisions do not render the application incompetent if the application is otherwise proper.

Citation
perseroan rerbatas pt wings surya vs wilfred malekia 2003 tzhccomd 35 20 november 2003
Parties
Applicant/decree Holder: Perseroan Rerbatas (P.T) Wings Surya; 1st Respondent/managing Director Showerlux Industries Ltd: Wilfred Male Kia; 2nd Respondent/judgment Debtor: Showerlux Industries Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 November 2003
Procedural Posture
Application for Contempt of Court / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Contempt of Court, Affidavit Defects, Relevance of Legal Provisions, Preliminary Objections
Source Language
English
Civil Procedure Commercial Law Contempt of Court Affidavit Defects Relevance of Legal Provisions Preliminary Objections

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Parties

Perseroan Rerbatas (P.T) Wings Surya

Applicant/decree Holder

Wilfred Male Kia

1st Respondent/managing Director Showerlux Industries Ltd

Showerlux Industries Limited

2nd Respondent/judgment Debtor

Procedural Posture

Application for Contempt of Court / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in support of the application for contempt of court is fatally defective for failure to disclose source of information
  2. 2 Whether the provisions of law cited in the application are relevant and applicable

Ratio Decidendi

The affidavit is not fatally defective as the deponent was the investigator and source of information, and the respondents can seek clarification through cross-examination. Errors in citation of legal provisions do not render the application incompetent if the application is otherwise proper.

Court Disposition

preliminary objections dismissed

Orders

  • Both preliminary objections are dismissed.