20140129 TZHC Dar es Salaam

20140129 TZHC Dar es Salaam

The affidavits in support of the applications were properly prepared and signed, bearing the name and signature of the advocate, and the jurat was properly endorsed with the names of the Commissioners for Oaths, place, and date. The preliminary objections raised by the respondent have no merit and are overruled.

Citation
20140129 TZHC Dar es Salaam
Parties
Applicant: Malaya Abdallah Mtambo; 1st Respondent: Abdallah Mtambo; 2nd Respondent: N.C.Nsombo & Company Limited; 3rd Respondent: Salim Seleman Salum
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed
Legal Topics
Affidavit Defects, Preliminary Objection, Stay of Execution, Leave to Appeal
Source Language
English
Civil Procedure Affidavit Defects Preliminary Objection Stay of Execution Leave to Appeal

Case Brief

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Parties

Malaya Abdallah Mtambo

Applicant

Abdallah Mtambo

1st Respondent

N.C.Nsombo & Company Limited

2nd Respondent

Salim Seleman Salum

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavits in support of the applications are defective for non-compliance with S. 44(2) of the Advocates Act, Cap. 341 R.E. 2002
  2. 2 Whether the affidavits are defective for non-compliance with Order VI Rule 14 of the Civil Procedure Code, Cap. 33 R.E. 2002
  3. 3 Whether the jurat in the affidavits was properly endorsed

Ratio Decidendi

The affidavits in support of the applications were properly prepared and signed, bearing the name and signature of the advocate, and the jurat was properly endorsed with the names of the Commissioners for Oaths, place, and date. The preliminary objections raised by the respondent have no merit and are overruled.

Court Disposition

Preliminary objections dismissed

Orders

  • Application for stay of execution to be set for hearing on 7/2/2014
  • After determination, application for leave to appeal out of time to be heard