NA TZHC Dar es Salaam2
- Citation
- NA TZHC Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Posture
- Miscellaneous Civil Application / Order
- Language
- English
More details
- Court
- TZHC
- Posture
- Miscellaneous Civil Application / Order
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Application is a nullity because the supporting affidavit is based on belief and does not disclose grounds for that belief; therefore, the application is not maintainable.
Court disposition
Application struck out
Orders
- No order for costs
02
Material facts
Parties
Mahenge Timber Supplies
Respondent Counsel: Mr. Maftah03
Procedural history
Posture
Miscellaneous Civil Application / Order
04
Questions and positions
Legal issues
- 01
Whether leave for extension of time to appeal out of time should be granted
- 02
Whether the supporting affidavit is valid
Party arguments
- Applicant
- Application for leave to extend time to appeal out of time supported by affidavit based on belief.
- Respondent
- Respondent withdrew opposition to the application.
05
Court’s reasoning
Legal principles
- 01
General principles of affidavit law
Affidavit must disclose grounds for belief; affidavit based solely on belief without grounds is invalid.
06
Ratio, limits and disposition
Ratio decidendi
Application is a nullity because the supporting affidavit is based on belief and does not disclose grounds for that belief; therefore, the application is not maintainable.
Court disposition
Application struck out
- No order for costs
Source and reliance status
TZHC
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment
... . - I . . . ., .• IN THE TIIGH COUR•r OFTANZANIA .. ... ·. ,AT DAR ES SALAfJ.f MISC. CIVIL. APPLICATION NO., 64/98 V E R s' u s· MA.HENGE TIMBER SUPPLIES •••••·•••••••• •.RESPONDENT
ORDER ~ackanja, J. This is an application.which embodies three prayers, all centred on leave for extention of time to appeal out of time. Mr. Maftah, learned counsel for the respondent, has ,,,ithdrawn opposition to it.. Even without being contested the application is a nullity because the affidavit which·supports it is ·based on belief and the grounds for that beJ.ief are not disclosed. By that reason al.one the application is not maintainable. Application struck out. No order for costs is made. Delivered. ·' .. ... ----
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