efatha foundation limited versus diposit insurance board liquidator of efatha bank limited another 2023 tzhclandd 16611 28 june 2023

efatha foundation limited versus diposit insurance board liquidator of efatha bank limited another 2023 tzhclandd 16611 28 june 2023

The affidavit in support of the application is incurably defective because it was sworn by the advocate representing the applicant and contains substantive evidence establishing rights and liabilities, which is not permitted except in limited circumstances. The objection is sustained and the application is struck out.

Citation
efatha foundation limited versus diposit insurance board liquidator of efatha bank limited another 2023 tzhclandd 16611 28 june 2023
Parties
Applicant: Efatha Foundation Limited; 1st Respondent: Deposit Insurance Board (Liquidator of Efatha Bank Limited); 2nd Respondent: The Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 June 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Defects, Advocate as Witness, Leave to Sue Liquidator, Breach of Lease Agreement
Source Language
English
Civil Procedure Bankruptcy Law Company Law Affidavit Defects Advocate as Witness Leave to Sue Liquidator Breach of Lease Agreement

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Parties

Efatha Foundation Limited

Applicant

Deposit Insurance Board (Liquidator of Efatha Bank Limited)

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an advocate representing a party can swear an affidavit containing substantive evidence establishing rights and liabilities of the parties in the same case
  2. 2 Whether the affidavit in support of the application is incurably defective

Ratio Decidendi

The affidavit in support of the application is incurably defective because it was sworn by the advocate representing the applicant and contains substantive evidence establishing rights and liabilities, which is not permitted except in limited circumstances. The objection is sustained and the application is struck out.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs