denwill mining services ltd vs ally msami others 2014 tzhclandd 43 7 february 2014
The affidavit in support of the application contained arguments, opinions, and conclusions, rendering it defective and bad in law. As a result, the application is struck out with costs.
- Citation
- denwill mining services ltd vs ally msami others 2014 tzhclandd 43 7 february 2014
- Parties
- Applicant: Denwill Mining Services Ltd; Respondents: Ally Msami and 13 Others
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 7 February 2014
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Preliminary Objections to Application for Temporary Injunction
- Outcome
- Application struck out with costs
- Legal Topics
- Affidavit Requirements, Temporary Injunctions, Preliminary Objections, Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Denwill Mining Services Ltd
Applicant
Ally Msami and 13 Others
Respondents
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objections to Application for Temporary Injunction
Legal Issues
- 1 Whether the affidavit in support of the application is defective for containing legal arguments and prayers
- 2 Whether the verification clause in the affidavit is defective
- 3 Whether the application is maintainable or vague
Ratio Decidendi
The affidavit in support of the application contained arguments, opinions, and conclusions, rendering it defective and bad in law. As a result, the application is struck out with costs.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs to the respondents.
Full Case Text
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