20122230 TZHC Dar es Salaam

20122230 TZHC Dar es Salaam

The supporting affidavit is incurably defective as it is based entirely on hearsay from a person not party to the proceedings and not mentioned in the pleadings. Such an affidavit has no evidential value and cannot support the application, rendering the application incompetent and liable to dismissal.

Citation
20122230 TZHC Dar es Salaam
Parties
Applicant: Gloria Kyonjola; 1st Respondent: AGE Investments Ltd; 2nd Respondent: International Commercial Bank (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Application dismissed as incompetent with costs.
Legal Topics
Affidavit Defects, Hearsay Evidence, Injunctive Relief, Procedural Law
Source Language
English
Civil Procedure Land Law Affidavit Defects Hearsay Evidence Injunctive Relief Procedural Law

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Parties

Gloria Kyonjola

Applicant

AGE Investments Ltd

1st Respondent

International Commercial Bank (T) Ltd

2nd Respondent

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective due to hearsay and lack of evidential value
  2. 2 Whether the application for injunctive orders can stand with a defective affidavit

Ratio Decidendi

The supporting affidavit is incurably defective as it is based entirely on hearsay from a person not party to the proceedings and not mentioned in the pleadings. Such an affidavit has no evidential value and cannot support the application, rendering the application incompetent and liable to dismissal.

Court Disposition

Application dismissed as incompetent with costs.

Orders

  • Preliminary objection upheld.
  • Application dismissed with costs.