amer mbarak another vs edgar kahwili 2015 tzhc 2295 1 october 2015

amer mbarak another vs edgar kahwili 2015 tzhc 2295 1 october 2015

The affidavit, though general in its verification clause, is not fatally defective as the deponent had personal knowledge of the facts, and the respondent failed to specify defective paragraphs. The application raises a serious point of law deserving consideration by the Court of Appeal; thus, leave to appeal is granted.

Citation
amer mbarak another vs edgar kahwili 2015 tzhc 2295 1 october 2015
Parties
Applicants: Amer Mbarak and Another; Respondent: Edgar Kahwili
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 October 2015
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection and Application for Leave to Appeal
Outcome
Preliminary objection overruled; application for leave to appeal granted.
Legal Topics
Affidavit Requirements, Leave to Appeal, Preliminary Objection, Res Judicata
Source Language
English
Civil Procedure Land Law Affidavit Requirements Leave to Appeal Preliminary Objection Res Judicata

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Amer Mbarak and Another

Applicants

Edgar Kahwili

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the affidavit supporting the application is fatally defective for failure to disclose the source of belief
  2. 2 Whether the applicants have advanced sufficient grounds for leave to appeal to the Court of Appeal

Ratio Decidendi

The affidavit, though general in its verification clause, is not fatally defective as the deponent had personal knowledge of the facts, and the respondent failed to specify defective paragraphs. The application raises a serious point of law deserving consideration by the Court of Appeal; thus, leave to appeal is granted.

Court Disposition

Preliminary objection overruled; application for leave to appeal granted.

Orders

  • Preliminary objection dismissed.
  • Leave to appeal to the Court of Appeal granted.