francis eugen polycarp vs ms panone and co ltd 2021 tzhc 6880 28 october 2021

francis eugen polycarp vs ms panone and co ltd 2021 tzhc 6880 28 october 2021

The applicant's affidavit is defective as it contains legal arguments and conclusions, which is contrary to established legal principles; therefore, the application cannot stand and must be struck out.

Citation
francis eugen polycarp vs ms panone and co ltd 2021 tzhc 6880 28 october 2021
Parties
Applicant: Francis Eugen Polycarp; Respondent: Ms Panone & Co Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 October 2021
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection Regarding Affidavit Defect
Outcome
Application struck out with costs
Legal Topics
Affidavit Requirements, Preliminary Objection, Leave to Appeal
Source Language
English
Civil Procedure Affidavit Requirements Preliminary Objection Leave to Appeal

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Parties

Francis Eugen Polycarp

Applicant

Ms Panone & Co Ltd

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection Regarding Affidavit Defect

Legal Issues

  1. 1 Whether the supporting affidavit is defective for containing extraneous matters such as legal arguments and conclusions
  2. 2 Whether the application should be struck out due to the defective affidavit

Ratio Decidendi

The applicant's affidavit is defective as it contains legal arguments and conclusions, which is contrary to established legal principles; therefore, the application cannot stand and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.