el nars import and export vs jan bros investment ltd and another 2021 tzhclandd 455 27 august 2021

el nars import and export vs jan bros investment ltd and another 2021 tzhclandd 455 27 august 2021

The applicant's affidavit was incompetent for containing hearsay, prayers, legal arguments, and lack of proper verification. After expunging defective paragraphs, the remaining affidavit could not sustain the application, rendering it improperly filed and incompetent.

Citation
el nars import and export vs jan bros investment ltd and another 2021 tzhclandd 455 27 august 2021
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 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out for incompetence with costs.
Legal Topics
Affidavit Defects, Extension of Time, Preliminary Objections
Source Language
English
Civil Procedure Land Law Affidavit Defects Extension of Time Preliminary Objections

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 defective for containing hearsay, prayers, legal arguments, and lack of proper verification
  2. 2 Whether the deponent had locus standi to swear the affidavit
  3. 3 Whether the application can stand after expunging defective paragraphs

Ratio Decidendi

The applicant's affidavit was incompetent for containing hearsay, prayers, legal arguments, and lack of proper verification. After expunging defective paragraphs, the remaining affidavit could not sustain the application, rendering it improperly filed and incompetent.

Court Disposition

Application struck out for incompetence with costs.

Orders

  • Affidavit struck out for incompetence
  • Costs awarded to respondents