20151113 TZHC Dar es Salaam1

The affidavit supporting the application is fatally defective for failing to state whether the deponent was known or identified to the Commissioner for Oaths, rendering the application incompetent and liable to be struck out.

Citation: 20151113 TZHC Dar es Salaam1
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 Objection
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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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2

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 Objection

Legal Issues

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

Ratio Decidendi

Court Disposition

Application struck out as incompetent

Orders

No order as to costs