mohamedali sadrudin mohamedali vs mahamoud mwemusi chotikungu and another 2021 tzhc 7230 19 november 2021

mohamedali sadrudin mohamedali vs mahamoud mwemusi chotikungu and another 2021 tzhc 7230 19 november 2021

The applicant's affidavit is incurably defective for containing prayers and legal conclusions, rendering the entire application incompetent and liable to be struck out. The preliminary objections on the 1st, 2nd, and 4th limbs were not properly before the court and are dismissed, but the third limb regarding the defective affidavit is upheld.

Citation
mohamedali sadrudin mohamedali vs mahamoud mwemusi chotikungu and another 2021 tzhc 7230 19 november 2021
Parties
Applicant: Mohamedali Sadrudin Mohamedali; 1st Respondent: Mahmoud Mwemusi Chotikungu; 2nd Respondent: Ndanda Springs Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 2021
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out for incompetence due to defective affidavit.
Legal Topics
Preliminary Objection, Defective Affidavit, Company Disputes, Limitation of Actions, Procedural Impropriety
Source Language
English
Civil Procedure Company Law Preliminary Objection Defective Affidavit Company Disputes Limitation of Actions Procedural Impropriety

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Mohamedali Sadrudin Mohamedali

Applicant

Mahmoud Mwemusi Chotikungu

1st Respondent

Ndanda Springs Limited

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is time barred
  2. 2 Whether the application is incompetent for want of proper form
  3. 3 Whether the prayers in the Chamber Summons are improper

Ratio Decidendi

The applicant's affidavit is incurably defective for containing prayers and legal conclusions, rendering the entire application incompetent and liable to be struck out. The preliminary objections on the 1st, 2nd, and 4th limbs were not properly before the court and are dismissed, but the third limb regarding the defective affidavit is upheld.

Court Disposition

Application struck out for incompetence due to defective affidavit.

Orders

  • Preliminary objection on the third limb upheld; application struck out.
  • Preliminary objections on the 1st, 2nd, and 4th limbs overruled and dismissed.