moshi municipal council vs js khambaita limited and another 2023 tzhc 23799 6 december 2023

moshi municipal council vs js khambaita limited and another 2023 tzhc 23799 6 december 2023

Misspelling of party names is a curable human error and does not render the application incompetent; affidavit is not defective as facts are within deponent's knowledge; alleged extraneous matters and arguments do not invalidate the application.

Citation
moshi municipal council vs js khambaita limited and another 2023 tzhc 23799 6 december 2023
Parties
Applicant: Moshi Municipal Council; 1st Respondent: J. S. Khambaita Limited; 2nd Respondent: Efatha Ministry
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Outcome
Preliminary objections overruled
Legal Topics
Extension of Time, Affidavit Defects, Party Name Discrepancies, Preliminary Objection
Source Language
English
Civil Procedure Land Law Extension of Time Affidavit Defects Party Name Discrepancies Preliminary Objection

Case Brief

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Parties

Moshi Municipal Council

Applicant

J. S. Khambaita Limited

1st Respondent

Efatha Ministry

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether misspelling of party names renders the application incompetent
  2. 2 Whether the supporting affidavit is defective for mentioning applicant and deponent as separate entities
  3. 3 Whether extraneous matters and arguments in affidavit render it defective

Ratio Decidendi

Misspelling of party names is a curable human error and does not render the application incompetent; affidavit is not defective as facts are within deponent's knowledge; alleged extraneous matters and arguments do not invalidate the application.

Court Disposition

Preliminary objections overruled

Orders

  • Application to proceed on merits
  • Costs to follow events