RULING GEDEOSE RWEYEMAMU new

RULING GEDEOSE RWEYEMAMU new

The affidavit supporting the application is incurably defective as it contains hearsay and lacks proper disclosure of information sources; paragraphs based on information from other persons without their affidavits must be struck out, leaving insufficient grounds to prosecute the application.

Citation
RULING GEDEOSE RWEYEMAMU new
Parties
Applicant: Gedeose Rweyemamu; 1st Respondent: Geneveva N. Kiliba & Payas R Moremi T/A Better Life Investment; 2nd Respondent: Equity Bank Tanzania Ltd; 3rd Respondent: Nutmeg Auctioneers & Property Managers
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1983
Procedural Posture
Revision / Preliminary Objection Ruling
Outcome
Application struck out
Legal Topics
Affidavit Defects, Hearsay Evidence, Preliminary Objection
Source Language
English
Civil Procedure Affidavit Defects Hearsay Evidence Preliminary Objection

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Parties

Gedeose Rweyemamu

Applicant

Geneveva N. Kiliba & Payas R Moremi T/A Better Life Investment

1st Respondent

Equity Bank Tanzania Ltd

2nd Respondent

Nutmeg Auctioneers & Property Managers

3rd Respondent

Procedural Posture

Revision / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective for containing hearsay and lacking disclosure of information sources

Ratio Decidendi

The affidavit supporting the application is incurably defective as it contains hearsay and lacks proper disclosure of information sources; paragraphs based on information from other persons without their affidavits must be struck out, leaving insufficient grounds to prosecute the application.

Court Disposition

Application struck out

Orders

  • Application struck out for being supported by incurably defective affidavit
  • Applicant to bear costs