gaslamp holdings corp vs percy beda mwidadi others 2016 tzhccomd 2037 24 october 2016

gaslamp holdings corp vs percy beda mwidadi others 2016 tzhccomd 2037 24 october 2016

The preliminary objection is overruled because the alleged conflict of interest is not a pure point of law and requires evidence; most affidavit defects alleged are unfounded except for the inclusion of prayers, which are expunged; the application stands with costs to the applicant.

Citation
gaslamp holdings corp vs percy beda mwidadi others 2016 tzhccomd 2037 24 october 2016
Parties
Applicant: Gaslamp Holdings Corp; Respondent: Percy Beda Mwidadi; Respondent: Victor Joseph Peter; Respondent: Maksim Chaldymov; Respondent: Yuri Valentinovich; Respondent: Ruphinus Anthony Mlorere; Respondent: Gold Tree Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 October 2016
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs to the applicant, except paragraph 9 of Frank Philemon Milanzi's affidavit is expunged.
Legal Topics
Preliminary Objection, Conflict of Interest, Affidavit Defects, Extension of Injunctive Orders
Source Language
English
Civil Procedure Company Law Preliminary Objection Conflict of Interest Affidavit Defects Extension of Injunctive Orders

Case Brief

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Parties

Gaslamp Holdings Corp

Applicant

Percy Beda Mwidadi

Respondent

Victor Joseph Peter

Respondent

Maksim Chaldymov

Respondent

Yuri Valentinovich

Respondent

Ruphinus Anthony Mlorere

Respondent

Gold Tree Tanzania Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's counsel has a conflict of interest as alleged in the preliminary objection
  2. 2 Whether the affidavits supporting the application are defective for lack of disclosure of sources, containing prayers, or lack of locus standi

Ratio Decidendi

The preliminary objection is overruled because the alleged conflict of interest is not a pure point of law and requires evidence; most affidavit defects alleged are unfounded except for the inclusion of prayers, which are expunged; the application stands with costs to the applicant.

Court Disposition

Preliminary objection overruled with costs to the applicant, except paragraph 9 of Frank Philemon Milanzi's affidavit is expunged.

Orders

  • Paragraph 9 of the affidavit of Frank Philemon Milanzi is expunged.
  • Preliminary objection is overruled with costs to the applicant.