gaslamp holding vs percy beda mwidadi others 2016 tzhccomd 2046 17 october 2016

gaslamp holding vs percy beda mwidadi others 2016 tzhccomd 2046 17 october 2016

Paragraphs 3, 9, and 10 of the supporting affidavit are defective for lack of disclosure of sources and are expunged; the remaining affidavit is sufficient to support the application; the cited legal provisions are appropriate except for the phrase 'any other enabling provisions of law', which is unnecessary.

Citation
gaslamp holding vs percy beda mwidadi others 2016 tzhccomd 2046 17 october 2016
Parties
Applicant: Gaslamp Holdings Corp; Respondent: Percy Beda Mwidadi; Respondent: Victor Joseph Peter; Respondent: Maksim Chaloymov; Respondent: Yuri Valentinovich Chernomorg'henko; Respondent: Ruphinu5 Anthony Mlorere; Respondent: Gold Tree Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 October 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection partially sustained and partially overruled; application to proceed.
Legal Topics
Affidavit Defects, Contempt of Court, Preliminary Objection, Jurisdictional Provisions
Source Language
English
Civil Procedure Affidavit Defects Contempt of Court Preliminary Objection Jurisdictional Provisions

Case Brief

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Parties

Gaslamp Holdings Corp

Applicant

Percy Beda Mwidadi

Respondent

Victor Joseph Peter

Respondent

Maksim Chaloymov

Respondent

Yuri Valentinovich Chernomorg'henko

Respondent

Ruphinu5 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 proper legal provisions

Ratio Decidendi

Paragraphs 3, 9, and 10 of the supporting affidavit are defective for lack of disclosure of sources and are expunged; the remaining affidavit is sufficient to support the application; the cited legal provisions are appropriate except for the phrase 'any other enabling provisions of law', which is unnecessary.

Court Disposition

Preliminary objection partially sustained and partially overruled; application to proceed.

Orders

  • Paragraphs 3, 9, and 10 of the affidavit are expunged.
  • No order as to costs.