millicom tanzania nv vs james alan russell bell 2 others 2016 tzca 972 13 november 2016

millicom tanzania nv vs james alan russell bell 2 others 2016 tzca 972 13 november 2016

The affidavit supporting the application was attested by a Notary Public not recognized under Tanzanian law, rendering the application incompetent; the court cannot take judicial notice of foreign seals unless the attesting person is registered and certified in Tanzania.

Citation
millicom tanzania nv vs james alan russell bell 2 others 2016 tzca 972 13 november 2016
Parties
Applicant: Millicom (Tanzania) N.V.; 1st Respondent: James Alan Russell Bell; 2nd Respondent: Golden Globe International Services Limited; 3rd Respondent: Quality Group Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 November 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Extension of Time, Affidavit Attestation, Commissioner for Oaths, Judicial Notice
Source Language
English
Civil Procedure Evidence Notarial Law Extension of Time Affidavit Attestation Commissioner for Oaths Judicial Notice

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Parties

Millicom (Tanzania) N.V.

Applicant

James Alan Russell Bell

1st Respondent

Golden Globe International Services Limited

2nd Respondent

Quality Group Limited

3rd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an affidavit attested by a Notary Public in England is valid for proceedings in Tanzania
  2. 2 Whether the application is competent without a valid affidavit

Ratio Decidendi

The affidavit supporting the application was attested by a Notary Public not recognized under Tanzanian law, rendering the application incompetent; the court cannot take judicial notice of foreign seals unless the attesting person is registered and certified in Tanzania.

Court Disposition

application struck out with costs

Orders

  • The application for extension of time to apply for revision is struck out with costs.