20151113 TZHC Dar es Salaam

20151113 TZHC Dar es Salaam

The application was struck out as incompetent because the supporting affidavit was fatally defective for failing to state whether the deponent was known or identified to the Commissioner for Oaths, which is a mandatory requirement.

Citation
20151113 TZHC Dar es Salaam
Parties
Applicant: Mussa M. Rafiki; 1st Respondent: The Managing Director, National Insurance Corporation Ltd.; 2nd Respondent: Presidential Sector Reform Commission; 3rd Respondent: Consolidated Holdings Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Affidavit Defects, Preliminary Objection, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Affidavit Defects Preliminary Objection Limitation of Actions

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Parties

Mussa M. Rafiki

Applicant

The Managing Director, National Insurance Corporation Ltd.

1st Respondent

Presidential Sector Reform Commission

2nd Respondent

Consolidated Holdings Corporation

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is time barred
  2. 2 Whether the application is omnibus and thus incompetent
  3. 3 Whether the affidavit in support is fatally defective

Ratio Decidendi

The application was struck out as incompetent because the supporting affidavit was fatally defective for failing to state whether the deponent was known or identified to the Commissioner for Oaths, which is a mandatory requirement.

Court Disposition

Application struck out as incompetent

Orders

  • No order as to costs