efc tanzania microfinance bank ltd vs saad sadick 2 others 2023 tzhclandd 15753 23 march 2023

efc tanzania microfinance bank ltd vs saad sadick 2 others 2023 tzhclandd 15753 23 march 2023

Paragraphs 4, 6, and 7 of the applicant's affidavit contained argumentative facts and prayers, contrary to law. After expunging these paragraphs, the remaining affidavit was insufficient to support the application. The preliminary objection was sustained and the application struck out.

Citation
efc tanzania microfinance bank ltd vs saad sadick 2 others 2023 tzhclandd 15753 23 march 2023
Parties
Applicant: EFC Tanzania Microfinance Bank Ltd; 1st Respondent: Saad Sadick; 2nd Respondent: Majembe Auction Mart Ltd; 3rd Respondent: Maulid Ngaiwa Juma
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 March 2023
Procedural Posture
Civil Reference / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Affidavit Defects, Preliminary Objection, Taxation of Costs
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objection Taxation of Costs

Case Brief

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Parties

EFC Tanzania Microfinance Bank Ltd

Applicant

Saad Sadick

1st Respondent

Majembe Auction Mart Ltd

2nd Respondent

Maulid Ngaiwa Juma

3rd Respondent

Procedural Posture

Civil Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for containing extraneous matters, arguments, and prayers contrary to law
  2. 2 Whether the application should be struck out due to defective affidavit

Ratio Decidendi

Paragraphs 4, 6, and 7 of the applicant's affidavit contained argumentative facts and prayers, contrary to law. After expunging these paragraphs, the remaining affidavit was insufficient to support the application. The preliminary objection was sustained and the application struck out.

Court Disposition

application struck out

Orders

  • application struck out without costs