CIVIL APPLICATION NO 466 01 OF 2021 EURASIA HOLDINGS LIMITED VS THE ATTORNEY GENERAL 2 OTHERS

CIVIL APPLICATION NO 466 01 OF 2021 EURASIA HOLDINGS LIMITED VS THE ATTORNEY GENERAL 2 OTHERS

The Court found that there was a genuine mix-up of documents, as the document referred to in the affidavit was not the one attached. Leave was granted to the applicant to file a supplementary affidavit to include the correct document within 14 days.

Citation
CIVIL APPLICATION NO 466 01 OF 2021 EURASIA HOLDINGS LIMITED VS THE ATTORNEY GENERAL 2 OTHERS
Parties
Applicant: Eurasia Holdings Limited; 1st Respondent: The Attorney General; 2nd Respondent: Permanent Secretary, Ministry of Energy; 3rd Respondent: Independent Power Tanzania Limited (IPTL)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Application / Ruling on Interlocutory Application for Substitution of Affidavit Annexure
Outcome
Application for substitution of annexure granted; hearing of main application adjourned.
Legal Topics
Extension of Time, Affidavit Evidence, Substitution of Documents
Source Language
English
Civil Procedure Extension of Time Affidavit Evidence Substitution of Documents

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Parties

Eurasia Holdings Limited

Applicant

The Attorney General

1st Respondent

Permanent Secretary, Ministry of Energy

2nd Respondent

Independent Power Tanzania Limited (IPTL)

3rd Respondent

Procedural Posture

Civil Application / Ruling on Interlocutory Application for Substitution of Affidavit Annexure

Legal Issues

  1. 1 Whether the applicant should be granted leave to substitute an annexure to the affidavit supporting the application for extension of time

Ratio Decidendi

The Court found that there was a genuine mix-up of documents, as the document referred to in the affidavit was not the one attached. Leave was granted to the applicant to file a supplementary affidavit to include the correct document within 14 days.

Court Disposition

Application for substitution of annexure granted; hearing of main application adjourned.

Orders

  • Applicant granted leave to file a supplementary affidavit to include the proper document within 14 days.
  • Hearing of the application adjourned to the next convenient session as fixed by the Registrar.