monex bureau de change ltd vs stanbic bank t ltd another 2010 tzhccomd 19 6 september 2010

monex bureau de change ltd vs stanbic bank t ltd another 2010 tzhccomd 19 6 september 2010

The defendant's affidavit in reply to interrogatories was incurably defective for lack of date on both the verification clause and jurat of attestation. The legal consequence is that the affidavit must be struck out. As a result, the defendant is placed in the same position as if it had not defended the suit, and the suit is to proceed ex parte against the defendant under Order XI Rule 18 of the Civil Procedure Code.

Citation
monex bureau de change ltd vs stanbic bank t ltd another 2010 tzhccomd 19 6 september 2010
Parties
Plaintiff: Monex Bureau De Change Limited; 1st Defendant: Stanbic Bank (T) Limited; 2nd Defendant: Abdallah Kalaghe
Court
TZHCCOMD
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; costs awarded to plaintiff.
Legal Topics
Affidavits, Interrogatories, Striking Out Pleadings, Ex Parte Proceedings
Source Language
English
Civil Procedure Commercial Law Affidavits Interrogatories Striking Out Pleadings Ex Parte Proceedings

Case Brief

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Parties

Monex Bureau De Change Limited

Plaintiff

Stanbic Bank (T) Limited

1st Defendant

Abdallah Kalaghe

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 verification and jurat of attestation
  2. 2 Whether the defect warrants striking out the affidavit and proceeding ex parte against the defendant under Order XI Rule 18 of the Civil Procedure Code

Ratio Decidendi

The defendant's affidavit in reply to interrogatories was incurably defective for lack of date on both the verification clause and jurat of attestation. The legal consequence is that the affidavit must be struck out. As a result, the defendant is placed in the same position as if it had not defended the suit, and the suit is to proceed ex parte against the defendant under Order XI Rule 18 of the Civil Procedure Code.

Court Disposition

Affidavit struck out; suit to proceed ex parte against defendant; costs awarded to plaintiff.

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.