mussa m rafiki vs managing director national insurance corporation ltd others 2015 tzhc 2086 13 november 2015

mussa m rafiki vs managing director national insurance corporation ltd others 2015 tzhc 2086 13 november 2015

The application is incompetent because the supporting affidavit is fatally defective for failing to state whether the deponent was known or identified to the Commissioner for Oaths, as required by law.

Citation
mussa m rafiki vs managing director national insurance corporation ltd others 2015 tzhc 2086 13 november 2015
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 Objections, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Affidavit Defects Preliminary Objections Limitation of Actions

Case Brief

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

Ratio Decidendi

The application is incompetent because the supporting affidavit is fatally defective for failing to state whether the deponent was known or identified to the Commissioner for Oaths, as required by law.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs