20040429 TZCA Dar es Salaam

20040429 TZCA Dar es Salaam

The respondent, having alleged that the signatures were not those of the Registrar, bore the burden of proof but failed to substantiate the claim; a bare assertion is insufficient for the Court to act on.

Citation
20040429 TZCA Dar es Salaam
Parties
Applicant: Francisca Mbakileki; Respondent: Tanzania Harbours Authority
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 April 2004
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs
Legal Topics
Extension of Time, Preliminary Objection, Evidence Burden
Source Language
English
Civil Procedure Extension of Time Preliminary Objection Evidence Burden

Case Brief

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Parties

Francisca Mbakileki

Applicant

Tanzania Harbours Authority

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the notice of motion and notice of appeal were defective for lack of proper signature by the Registrar
  2. 2 Who bears the burden of proof regarding the alleged defect in signatures

Ratio Decidendi

The respondent, having alleged that the signatures were not those of the Registrar, bore the burden of proof but failed to substantiate the claim; a bare assertion is insufficient for the Court to act on.

Court Disposition

preliminary objection dismissed with costs

Orders

  • Respondent's preliminary objection is rejected with costs