el nasir import and export company vs jan bros investment ltd and another 2020 tzhclandd 4014 27 august 2020

el nasir import and export company vs jan bros investment ltd and another 2020 tzhclandd 4014 27 august 2020

The affidavit in support of the application was fatally defective for containing hearsay, lacking disclosure of information sources, and including prayers and legal arguments. After expunging the offending paragraphs, the remaining affidavit was insufficient to sustain the application, rendering the application incompetent.

Citation
el nasir import and export company vs jan bros investment ltd and another 2020 tzhclandd 4014 27 august 2020
Parties
Applicant: El Nasir Import & Export Company; 1st Respondent: Jan Bros Investment Ltd; 2nd Respondent: Boman Advocates and Company
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 August 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Extension of Time, Preliminary Objections, Verification of Affidavits
Source Language
English
Civil Procedure Land Law Affidavit Defects Extension of Time Preliminary Objections Verification of Affidavits

Case Brief

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Parties

El Nasir Import & Export Company

Applicant

Jan Bros Investment Ltd

1st Respondent

Boman Advocates and Company

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for containing hearsay and lacking disclosure of information sources
  2. 2 Whether the affidavit improperly contains prayers, legal arguments, and opinions
  3. 3 Whether the deponent had locus standi to swear the affidavit on behalf of the applicant

Ratio Decidendi

The affidavit in support of the application was fatally defective for containing hearsay, lacking disclosure of information sources, and including prayers and legal arguments. After expunging the offending paragraphs, the remaining affidavit was insufficient to sustain the application, rendering the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Affidavit struck out for being incompetent
  • Application struck out with costs