ms gem properties limited vs msandika stores and 9 others 2021 tzhclandd 508 14 september 2021

ms gem properties limited vs msandika stores and 9 others 2021 tzhclandd 508 14 september 2021

The respondent's counter affidavit contained legal arguments, conclusions, and prayers, rendering it incurably defective under Order XIX Rule 3(1) of the Civil Procedure Code and established case law. The appropriate remedy is to strike out the entire counter affidavit and allow the respondent to file a corrected version within a specified period.

Citation
ms gem properties limited vs msandika stores and 9 others 2021 tzhclandd 508 14 september 2021
Parties
Applicant: M/S Gem Properties Limited; Respondent: Msindika Stores Limited; Respondent: Chamiko Limited; Respondent: Shaji Traders Limited; Respondent: Tanzania Vifaa Limited; Respondent: Mabati Painthouse (1996) Limited; Respondent: Muntazir Hardware Stores Limited; Respondent: Nureen's Dispencing Chemists Limited; Respondent: Mapendo Stores Limited; Respondent: New Hardware Limited; Respondent: National Housing Corporation
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 September 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Counter Affidavit
Outcome
Preliminary objection sustained; respondent's counter affidavit struck out; leave granted to file corrected counter affidavit within 14 days.
Legal Topics
Affidavit Defects, Preliminary Objection, Striking Out Pleadings, Amendment of Affidavits
Source Language
English
Civil Procedure Land Law Affidavit Defects Preliminary Objection Striking Out Pleadings Amendment of Affidavits

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Parties

M/S Gem Properties Limited

Applicant

Msindika Stores Limited

Respondent

Chamiko Limited

Respondent

Shaji Traders Limited

Respondent

Tanzania Vifaa Limited

Respondent

Mabati Painthouse (1996) Limited

Respondent

Muntazir Hardware Stores Limited

Respondent

Nureen's Dispencing Chemists Limited

Respondent

Mapendo Stores Limited

Respondent

New Hardware Limited

Respondent

National Housing Corporation

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Counter Affidavit

Legal Issues

  1. 1 Whether the respondent's counter affidavit contains arguments and expressions of opinion contrary to law
  2. 2 What is the appropriate remedy for a defective affidavit

Ratio Decidendi

The respondent's counter affidavit contained legal arguments, conclusions, and prayers, rendering it incurably defective under Order XIX Rule 3(1) of the Civil Procedure Code and established case law. The appropriate remedy is to strike out the entire counter affidavit and allow the respondent to file a corrected version within a specified period.

Court Disposition

Preliminary objection sustained; respondent's counter affidavit struck out; leave granted to file corrected counter affidavit within 14 days.

Orders

  • The entire respondents' counter affidavit is struck out.
  • Respondents are allowed to file a corrected counter affidavit within 14 days.