20161017 TZCA Dar es Salaam

20161017 TZCA Dar es Salaam

Paragraphs 3, 9, and 10 of the supporting affidavit are defective for failure to disclose sources of information and are expunged. The remaining paragraphs are sufficient to support the application, so the application will proceed. The phrase 'any other enabling provisions of law' is unnecessary and does not affect competence if specific provisions are cited.

Citation
20161017 TZCA Dar es Salaam
Parties
Applicant: Gaslamp Holdings Corp; Respondent: Percy Beda Mwidadi; Respondent: Victor Joseph Peter; Respondent: Maksim Chaldymov; Respondent: Yuri Valentinovich Ernomorchenko; Respondent: Ruphinus Anthony Mlorere; Respondent: Gold Tree Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 October 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection partially sustained; defective paragraphs expunged; application to proceed; no order as to costs.
Legal Topics
Affidavit Defects, Contempt of Court, Preliminary Objection, Court Orders
Source Language
English
Civil Procedure Commercial Law Affidavit Defects Contempt of Court Preliminary Objection Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Gaslamp Holdings Corp

Applicant

Percy Beda Mwidadi

Respondent

Victor Joseph Peter

Respondent

Maksim Chaldymov

Respondent

Yuri Valentinovich Ernomorchenko

Respondent

Ruphinus Anthony Mlorere

Respondent

Gold Tree Tanzania Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is defective for lack of disclosure of sources of information
  2. 2 Whether the application was brought under appropriate legal provisions

Ratio Decidendi

Paragraphs 3, 9, and 10 of the supporting affidavit are defective for failure to disclose sources of information and are expunged. The remaining paragraphs are sufficient to support the application, so the application will proceed. The phrase 'any other enabling provisions of law' is unnecessary and does not affect competence if specific provisions are cited.

Court Disposition

Preliminary objection partially sustained; defective paragraphs expunged; application to proceed; no order as to costs.

Orders

  • Paragraphs 3, 9, and 10 of the affidavit expunged
  • Application to proceed on merits