20151113 TZHC Dar es Salaam 1

20151113 TZHC Dar es Salaam 1

The application is incompetent as it is supported by a fatally defective affidavit which does not comply with statutory requirements for attestation.

Citation
20151113 TZHC Dar es Salaam 1
Parties
Applicant: Mussa M. Rafiki; 1st Respondent: 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 and Application
Outcome
Application struck out for incompetency.
Legal Topics
Extension of Time, Affidavit Competency, Preliminary Objections, Law of Limitation
Source Language
English
Civil Procedure Extension of Time Affidavit Competency Preliminary Objections Law of Limitation

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Parties

Mussa M. Rafiki

Applicant

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 and Application

Legal Issues

  1. 1 Whether the application for extension of time is time barred
  2. 2 Whether the application is incompetent for being omnibus
  3. 3 Whether the affidavit is defective and renders the application incompetent

Ratio Decidendi

The application is incompetent as it is supported by a fatally defective affidavit which does not comply with statutory requirements for attestation.

Court Disposition

Application struck out for incompetency.

Orders

  • Application struck out
  • No order as to costs