19960209 TZHC Dar es Salaam

19960209 TZHC Dar es Salaam

The counter-affidavit was not properly verified as required by Order 19 Rule 3 of the Civil Procedure Code, and amendment would not adequately cure the defect. The objection is upheld and the counter-affidavit is struck out.

Citation
19960209 TZHC Dar es Salaam
Parties
Applicant: Mr. Kalolo; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 1996
Procedural Posture
Chamber Summons Under Civil Procedure Code / Ruling on Preliminary Objection
Outcome
preliminary objection upheld
Legal Topics
Affidavit Verification, Amendment of Pleadings
Source Language
English
Civil Procedure Affidavit Verification Amendment of Pleadings

Case Brief

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Parties

Mr. Kalolo

Applicant

Respondent

Respondent

Procedural Posture

Chamber Summons Under Civil Procedure Code / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the counter-affidavit was properly verified as required by Order 19 Rule 3 of the Civil Procedure Code
  2. 2 Whether amendment of the defective affidavit should be allowed

Ratio Decidendi

The counter-affidavit was not properly verified as required by Order 19 Rule 3 of the Civil Procedure Code, and amendment would not adequately cure the defect. The objection is upheld and the counter-affidavit is struck out.

Court Disposition

preliminary objection upheld

Orders

  • Counter-affidavit declared improperly verified and struck out.
  • Applicant's chamber summons to proceed without the counter-affidavit.