meri mehi masong vs yara tanzania ltd 2 others 2023 tzhccomd 331 11 september 2023

meri mehi masong vs yara tanzania ltd 2 others 2023 tzhccomd 331 11 september 2023

Information obtained from a third party is not automatically hearsay if the source is disclosed in the verification clause; paragraphs relating to the property in dispute are relevant and not extraneous. The preliminary objections lack merit.

Citation
meri mehi masong vs yara tanzania ltd 2 others 2023 tzhccomd 331 11 september 2023
Parties
Applicant: Meri Mehi Masong; 1st Respondent: Yara Tanzania Limited; 2nd Respondent: Leonard Dominick Rubuye t/a Rubuye Agro-Chemicals Supplies; 3rd Respondent: Noel Estate Co. Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 September 2023
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Preliminary objections overruled
Legal Topics
Affidavit Requirements, Hearsay Evidence, Preliminary Objection, Execution of Decree
Source Language
English
Civil Procedure Commercial Law Affidavit Requirements Hearsay Evidence Preliminary Objection Execution of Decree

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Parties

Meri Mehi Masong

Applicant

Yara Tanzania Limited

1st Respondent

Leonard Dominick Rubuye t/a Rubuye Agro-Chemicals Supplies

2nd Respondent

Noel Estate Co. Limited

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective for containing hearsay and extraneous facts

Ratio Decidendi

Information obtained from a third party is not automatically hearsay if the source is disclosed in the verification clause; paragraphs relating to the property in dispute are relevant and not extraneous. The preliminary objections lack merit.

Court Disposition

Preliminary objections overruled

Orders

  • Application to proceed to be heard on merits