20061211 TZHC Mwanza

While the trial court was correct in finding the counter affidavit defective due to a jurat defect, it erred in proceeding ex parte without giving the respondent an opportunity to file a proper affidavit. The court should have struck out the defective affidavit and allowed time for a proper one to be filed.

Citation: 20061211 TZHC Mwanza
Parties: Appellant: Kasian Lushinge; Respondent: Manager Aspen Hotel Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 December 2006
Procedural Posture: Miscellaneous Civil Application (appeal) / Judgment on Appeal From Ruling on Preliminary Objection
Outcome: appeal partly allowed
Legal Topics: Defective Affidavit, Jurat Defect, Ex Parte Proceedings, Stay of Execution, Jurisdiction of Ordinary Courts, Security of Employment Act
Source Language: English

Civil Procedure Labour Law Defective Affidavit Jurat Defect Ex Parte Proceedings Stay of Execution Jurisdiction of Ordinary Courts Security of Employment Act

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Parties

Kasian Lushinge

Appellant

Manager Aspen Hotel Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application (appeal) / Judgment on Appeal From Ruling on Preliminary Objection

Legal Issues

1 Whether the trial court erred in holding the counter affidavit defective due to a jurat defect
2 Whether the consequence of a defective jurat is to hear the matter ex parte against the respondent

Ratio Decidendi

Court Disposition

appeal partly allowed

Orders

Trial court ex parte proceedings and judgment quashed
Appellant (respondent in lower court) given one month to file amended counter affidavit in district court