nadds bureau de change limited and another vs y2k bureau de change ltd 2021 tzhccomd 3338 16 september 2021

A Commissioner for Oaths who merely appeared as a witness in a previous case, without demonstrable personal interest or benefit in the outcome, is not 'interested' within the meaning of section 7 of the Notaries Public and Commissioner for Oaths Act; thus, the counter-affidavit is not defective.

Source-derived case information.

Citation: nadds bureau de change limited and another vs y2k bureau de change ltd 2021 tzhccomd 3338 16 september 2021
Parties: Applicant: NADDS Bureau De Change Limited; Applicant: Nelson Daniel Swai; Respondent: Y2K Bureau De Change Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 16 September 2021
Procedural Posture: Commercial Application / Ruling on Preliminary Objection
Outcome: Preliminary objection dismissed
Legal Topics: Affidavit Defects, Commissioner for Oaths, Interest of Witness, Extension of Time
Source Language: english

Civil Procedure Affidavit Defects Commissioner for Oaths Interest of Witness Extension of Time

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

NADDS Bureau De Change Limited

Applicant

Nelson Daniel Swai

Applicant

Y2K Bureau De Change Ltd

Respondent

Procedural Posture

Commercial Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the counter-affidavit is defective for being attested by a Commissioner for Oaths who was a witness in the underlying suit and thus 'interested' under section 7 of the Notaries Public and Commissioner for Oaths Act

Ratio Decidendi

Court Disposition

Preliminary objection dismissed

Orders

Matter to proceed to next stage of hearing

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