junior construction co ltd vs mmst tanzania limited 2021 tzhc 2239 25 february 2021

junior construction co ltd vs mmst tanzania limited 2021 tzhc 2239 25 february 2021

The affidavit in support of the application contained substantive defects, including argumentative and prayerful paragraphs and an improper verification clause, rendering the application incompetent. The defects could not be cured by amendment or expunging the paragraphs, as the remaining affidavit was insufficient to support the application.

Citation
junior construction co ltd vs mmst tanzania limited 2021 tzhc 2239 25 february 2021
Parties
Applicant: JUNIOUR CONSTRUCTION CO. LTD; Respondent: MMST TANZANIA LIMITED
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 February 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent without costs
Legal Topics
Affidavit Defects, Preliminary Objection, Extension of Time, Verification Clause
Source Language
English
Civil Procedure Affidavit Defects Preliminary Objection Extension of Time Verification Clause

Case Brief

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Parties

JUNIOUR CONSTRUCTION CO. LTD

Applicant

MMST TANZANIA LIMITED

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective for containing argumentative paragraphs and an improper verification clause
  2. 2 Whether the application should be struck out due to the defective affidavit

Ratio Decidendi

The affidavit in support of the application contained substantive defects, including argumentative and prayerful paragraphs and an improper verification clause, rendering the application incompetent. The defects could not be cured by amendment or expunging the paragraphs, as the remaining affidavit was insufficient to support the application.

Court Disposition

Application struck out as incompetent without costs

Orders

  • The application is struck out without costs