hashim hassan mussa vs dr crispin semakula and another 2021 tzhccomd 3342 14 september 2021

hashim hassan mussa vs dr crispin semakula and another 2021 tzhccomd 3342 14 september 2021

The supporting affidavit was sworn by a person holding only a special power of attorney limited to specific proceedings, not extending to the present application. As such, the affidavit is incompetent, rendering the application invalid and incompetent. The third preliminary objection is upheld and the application is struck out with costs to the 1st Respondent.

Citation
hashim hassan mussa vs dr crispin semakula and another 2021 tzhccomd 3342 14 september 2021
Parties
Applicant: Hashim Hassan Mussa; 1st Respondent: Dr. Crispin Semakula; 2nd Respondent: Standard Chartered Bank Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 September 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Injunctions, Power of Attorney, Abuse of Process, Affidavit Competency, Execution of Decree
Source Language
English
Civil Procedure Company Law Banking Law Injunctions Power of Attorney Abuse of Process Affidavit Competency Execution of Decree

Case Brief

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Parties

Hashim Hassan Mussa

Applicant

Dr. Crispin Semakula

1st Respondent

Standard Chartered Bank Ltd

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether an application for injunction can be maintained after the main suit is disposed of under Order XXXVII Rule 2(1) of the CPC
  2. 2 Whether the application is an abuse of court process and a disguised stay of execution
  3. 3 Whether the supporting affidavit is competent given the scope of the power of attorney

Ratio Decidendi

The supporting affidavit was sworn by a person holding only a special power of attorney limited to specific proceedings, not extending to the present application. As such, the affidavit is incompetent, rendering the application invalid and incompetent. The third preliminary objection is upheld and the application is struck out with costs to the 1st Respondent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out with costs to the 1st Respondent