aliraza mohamed rawji vs css solutions limited 2021 tzhc 7510 3 december 2021
Failure to attach an affidavit verifying the petition as required by the Companies (Insolvency) Rules is a fatal defect that renders the petition incompetent and incapable of being cured by the principle of overriding objective.
- Citation
- aliraza mohamed rawji vs css solutions limited 2021 tzhc 7510 3 december 2021
- Parties
- Petitioner: Aliraza Mohamed Rawji; Respondent: CSS Solutions Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 December 2021
- Procedural Posture
- Winding Up Petition / Ruling on Preliminary Objections
- Outcome
- petition struck out with costs
- Legal Topics
- Winding Up of Companies, Procedural Defects, Affidavit Verification, Advertisement of Petition
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Aliraza Mohamed Rawji
Petitioner
CSS Solutions Limited
Respondent
Procedural Posture
Winding Up Petition / Ruling on Preliminary Objections
Legal Issues
- 1 Whether failure to endorse the petition renders it incurably defective
- 2 Whether failure to attach an affidavit verifying the petition renders it incurably defective
- 3 Whether failure to advertise the petition and file a certificate of compliance warrants dismissal
Ratio Decidendi
Failure to attach an affidavit verifying the petition as required by the Companies (Insolvency) Rules is a fatal defect that renders the petition incompetent and incapable of being cured by the principle of overriding objective.
Court Disposition
petition struck out with costs
Orders
- Petition struck out for incompetence due to lack of affidavit verifying the petition.
- Petitioner to pay costs.
Full Case Text
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