20100906 TZHC Dar es Salaam

20100906 TZHC Dar es Salaam

The defendant's affidavit in reply to interrogatories is incurably defective for lack of date on the verification clause and jurat of attestation. The legal consequence is that the affidavit must be struck out. Upon striking out the affidavit, the defendant is deemed not to have defended the suit, and the plaintiff is entitled to proceed ex parte under Rule 18 of Order XI of the Civil Procedure Code.

Citation
20100906 TZHC Dar es Salaam
Parties
Plaintiff: Monex Bureau de Change Limited; 1st Defendant: Stanbic Bank (T) Limited; 2nd Defendant: As-dal-lah Kaiaghe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2010
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Affidavit struck out; suit to proceed ex parte against defendant
Legal Topics
Affidavits, Interrogatories, Striking Out Pleadings, Procedural Defects
Source Language
English
Civil Procedure Commercial Law Affidavits Interrogatories Striking Out Pleadings Procedural Defects

Case Brief

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Parties

Monex Bureau de Change Limited

Plaintiff

Stanbic Bank (T) Limited

1st Defendant

As-dal-lah Kaiaghe

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the defendant's affidavit in reply to interrogatories is incurably defective for lack of date on the verification clause and jurat of attestation
  2. 2 Whether the procedural requirements for presenting interrogatories were complied with
  3. 3 Whether striking out the defective affidavit entitles the plaintiff to proceed ex parte against the defendant

Ratio Decidendi

The defendant's affidavit in reply to interrogatories is incurably defective for lack of date on the verification clause and jurat of attestation. The legal consequence is that the affidavit must be struck out. Upon striking out the affidavit, the defendant is deemed not to have defended the suit, and the plaintiff is entitled to proceed ex parte under Rule 18 of Order XI of the Civil Procedure Code.

Court Disposition

Affidavit struck out; suit to proceed ex parte against defendant

Orders

  • The defendant's affidavit in reply to interrogatories is struck out with costs.
  • The defendant is placed in the same position as if it had not defended the suit.