20110327 TZHC Dar es Salaam

20110327 TZHC Dar es Salaam

An affidavit verified by a person other than the deponent is a grave defect that cannot be cured by amendment; such affidavit cannot be acted upon and renders the application incompetent.

Citation
20110327 TZHC Dar es Salaam
Parties
Applicant: Emmanuel Misheto; 1st Respondent: Tanzania Breweries Co. Ltd; 2nd Respondent: Registrar Industrial Court of Tanzania; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2011
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Verification of Pleadings, Prerogative Orders, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Verification of Pleadings Prerogative Orders Preliminary Objection

Case Brief

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Parties

Emmanuel Misheto

Applicant

Tanzania Breweries Co. Ltd

1st Respondent

Registrar Industrial Court of Tanzania

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective and bad in law due to verification by a person other than the deponent

Ratio Decidendi

An affidavit verified by a person other than the deponent is a grave defect that cannot be cured by amendment; such affidavit cannot be acted upon and renders the application incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to 1st Respondent