20171124 TZHC Dar es Salaam 1

20171124 TZHC Dar es Salaam 1

The trial court erred in dismissing the application for being supported by a defective affidavit; the proper remedy was to strike out the application, allowing the applicant to rectify the defects and refile. Dismissal was improper as the matter had not been determined on merit.

Citation
20171124 TZHC Dar es Salaam 1
Parties
Applicant: ELIZABETH MURO; Respondent: Respondent (not named)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2017
Procedural Posture
Civil Revision / High Court Revision of Resident Magistrates' Court Order
Outcome
Application allowed
Legal Topics
Affidavit Defects, Jurisdiction, Company Representation, Revisionary Powers
Source Language
English
Civil Procedure Affidavit Defects Jurisdiction Company Representation Revisionary Powers

Case Brief

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Parties

ELIZABETH MURO

Applicant

Respondent (not named)

Respondent

Procedural Posture

Civil Revision / High Court Revision of Resident Magistrates' Court Order

Legal Issues

  1. 1 Whether the trial court erred in dismissing the application instead of striking it out due to a defective affidavit
  2. 2 Whether the principal officer was competent to commence proceedings on behalf of the applicant company
  3. 3 Whether the trial court had jurisdiction based on the damages claimed

Ratio Decidendi

The trial court erred in dismissing the application for being supported by a defective affidavit; the proper remedy was to strike out the application, allowing the applicant to rectify the defects and refile. Dismissal was improper as the matter had not been determined on merit.

Court Disposition

Application allowed

Orders

  • Ruling and order of the trial court quashed
  • Matter remitted to the trial court to correct the defects