Misc

Misc

The affidavit in support of the application was fatally defective because it was sworn by a person whose authority and position in the applicant company was not disclosed, contravening Order XXVIII Rule 1 of the Civil Procedure Code. As a result, the application was incompetent and struck out.

Source-derived case information.

Citation
Misc
Parties
Applicant: Imalaseko Investment Limited; 1st Respondent: Ameir Mohamed Mbarak; 2nd Respondent: Caleb Security Services Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Temporary Injunction
Outcome
Application struck out with costs
Legal Topics
Temporary Injunctions, Corporate Representation, Affidavit Competency
Source Language
english
Civil Procedure Land Law Temporary Injunctions Corporate Representation Affidavit Competency

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Parties

Imalaseko Investment Limited

Applicant

Ameir Mohamed Mbarak

1st Respondent

Caleb Security Services Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the affidavit supporting the application is competent under Order XXVIII Rule 1 of the Civil Procedure Code
  2. 2 Whether the applicant is entitled to a temporary injunction against the respondents

Ratio Decidendi

The affidavit in support of the application was fatally defective because it was sworn by a person whose authority and position in the applicant company was not disclosed, contravening Order XXVIII Rule 1 of the Civil Procedure Code. As a result, the application was incompetent and struck out.

Court Disposition

Application struck out with costs

Orders

  • Affidavit in support of the application struck out as fatally defective
  • Application for temporary injunction struck out with costs