20020613 TZHC Mbeya

20020613 TZHC Mbeya

The application was rendered incompetent because the supporting affidavit did not comply with Order XIX Rule 3 of the Civil Procedure Code, as it was not confined to facts within the deponent's own knowledge and the application was not for an interlocutory order.

Citation
20020613 TZHC Mbeya
Parties
Appellant: Iitbeti Mwanjoka; Respondent: L. H. Mwakibinga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 June 2002
Procedural Posture
Civil Appeal / Ruling on Application
Outcome
application struck out with costs
Legal Topics
Affidavit Validity, Final Orders, Court Broker Transactions
Source Language
English
Civil Procedure Affidavit Validity Final Orders Court Broker Transactions

Case Brief

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Parties

Iitbeti Mwanjoka

Appellant

L. H. Mwakibinga

Respondent

Procedural Posture

Civil Appeal / Ruling on Application

Legal Issues

  1. 1 Whether the supporting affidavit complies with Order XIX Rule 3 of the Civil Procedure Code
  2. 2 Whether the application is competent in the absence of a valid affidavit

Ratio Decidendi

The application was rendered incompetent because the supporting affidavit did not comply with Order XIX Rule 3 of the Civil Procedure Code, as it was not confined to facts within the deponent's own knowledge and the application was not for an interlocutory order.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.