emmanuel jagelo others vs multimodal transport africa ltd 2013 tzhccomd 2 20 august 2013

emmanuel jagelo others vs multimodal transport africa ltd 2013 tzhccomd 2 20 august 2013

Both the supporting affidavit and counter affidavit are incurably defective for failing to comply with attestation requirements, rendering the application ineffective and warranting its striking out.

Source-derived case information.

Citation
emmanuel jagelo others vs multimodal transport africa ltd 2013 tzhccomd 2 20 august 2013
Parties
Applicant: Emmanuel Jagelo; Applicant: Marine World Logistics; Applicant: Container World Logistics; Applicant: Barretto Hauliers (T) Limited; Respondent: Multimodal Transport Africa Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 August 2013
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Defects, Judgment on Admission, Attestation Requirements
Source Language
english
Civil Procedure Affidavit Defects Judgment on Admission Attestation Requirements

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Parties

Emmanuel Jagelo

Applicant

Marine World Logistics

Applicant

Container World Logistics

Applicant

Barretto Hauliers (T) Limited

Applicant

Multimodal Transport Africa Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether defective affidavits render the application ineffective
  2. 2 Whether omission in jurat of attestation is incurable

Ratio Decidendi

Both the supporting affidavit and counter affidavit are incurably defective for failing to comply with attestation requirements, rendering the application ineffective and warranting its striking out.

Court Disposition

Application struck out

Orders

  • Affidavit, counter affidavit, and application struck out
  • Each party to bear its own costs