20140207 TZHC Tanga

20140207 TZHC Tanga

The affidavit in support of the application was found to contain arguments, opinions, and conclusions, rendering it defective and contrary to the requirements of Order XIX Rule 3(1). As a result, the application was struck out with costs.

Citation
20140207 TZHC Tanga
Parties
Applicant: Denmill Mining Services Ltd; Respondents: Ally Msami and 13 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2014
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Temporary Injunctions, Preliminary Objections, Verification Clause, Pleadings Vs Affidavits
Source Language
English
Civil Procedure Land Law Affidavit Defects Temporary Injunctions Preliminary Objections Verification Clause Pleadings Vs Affidavits

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Parties

Denmill Mining Services Ltd

Applicant

Ally Msami and 13 Others

Respondents

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective for containing legal arguments and prayers
  2. 2 Whether the verification clause of the affidavit is defective
  3. 3 Whether the application is maintainable given the existence of a main suit

Ratio Decidendi

The affidavit in support of the application was found to contain arguments, opinions, and conclusions, rendering it defective and contrary to the requirements of Order XIX Rule 3(1). As a result, the application was struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.