judicate rumishael shoo others vs the guardian limited 2016 tzca 2023 13 october 2016

judicate rumishael shoo others vs the guardian limited 2016 tzca 2023 13 october 2016

Failure to name all applicants in the notice of motion is a defect but not fatal; amendment is permitted to disclose all names. Serving an unattested affidavit is not fatal if the affidavit filed in court is properly attested and the respondent is served with a duly attested copy. Paragraphs 6 and 7 of the affidavit are factual, not legal arguments or conclusions; paragraph 8's grounds of belief are sufficiently stated.

Citation
judicate rumishael shoo others vs the guardian limited 2016 tzca 2023 13 october 2016
Parties
Applicant: Judicate Rumishael Shoo; Applicant: 64 Others; Respondent: The Guardian Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 October 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objections and Procedural Orders
Outcome
Preliminary objection partly upheld; application to proceed upon compliance with procedural orders; no order as to costs.
Legal Topics
Extension of Time, Affidavit Requirements, Notice of Motion, Service of Documents
Source Language
English
Civil Procedure Labour Law Extension of Time Affidavit Requirements Notice of Motion Service of Documents

Case Brief

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Parties

Judicate Rumishael Shoo

Applicant

64 Others

Applicant

The Guardian Limited

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objections and Procedural Orders

Legal Issues

  1. 1 Whether failure to disclose names of all applicants in the notice of motion is fatal
  2. 2 Whether serving an unattested affidavit is incurably defective
  3. 3 Whether affidavit contains extraneous matters by way of legal arguments and conclusions

Ratio Decidendi

Failure to name all applicants in the notice of motion is a defect but not fatal; amendment is permitted to disclose all names. Serving an unattested affidavit is not fatal if the affidavit filed in court is properly attested and the respondent is served with a duly attested copy. Paragraphs 6 and 7 of the affidavit are factual, not legal arguments or conclusions; paragraph 8's grounds of belief are sufficiently stated.

Court Disposition

Preliminary objection partly upheld; application to proceed upon compliance with procedural orders; no order as to costs.

Orders

  • Applicant to serve respondent with properly attested affidavit within one week.
  • Applicant to file amended notice of motion disclosing names of all applicants, with annexed list if necessary.