20040324 TZHC Arusha

20040324 TZHC Arusha

The application was dismissed because the supporting affidavit was defective, containing a blanket verification clause and including prayers, legal arguments, and conclusions on matters of law, contrary to the requirements of the Civil Procedure Code.

Citation
20040324 TZHC Arusha
Parties
Applicant: Enda Mrikaria; 1st Respondent: The Agricultural Inputs Trust Fund; 2nd Respondent: M/s Gamshard Gamdust
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 March 2004
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Affidavit in Application for Temporary Injunction
Outcome
Application dismissed with costs
Legal Topics
Affidavit Defects, Temporary Injunction, Verification of Affidavits
Source Language
English
Civil Procedure Affidavit Defects Temporary Injunction Verification of Affidavits

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Parties

Enda Mrikaria

Applicant

The Agricultural Inputs Trust Fund

1st Respondent

M/s Gamshard Gamdust

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection Regarding Affidavit in Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant's affidavit in support of the application is defective and can be relied upon for granting a temporary injunction

Ratio Decidendi

The application was dismissed because the supporting affidavit was defective, containing a blanket verification clause and including prayers, legal arguments, and conclusions on matters of law, contrary to the requirements of the Civil Procedure Code.

Court Disposition

Application dismissed with costs

Orders

  • The application for temporary injunction is dismissed with costs.