NYARUGUSU Ruling

NYARUGUSU Ruling

The application is incompetent as it was not referred by the executing court in accordance with Order XLI Rule 1 of the Civil Procedure Code, and the supporting affidavit is fatally defective for containing facts not within the deponent's personal knowledge without stating the source of information, rendering the application unsustainable.

Citation
NYARUGUSU Ruling
Parties
Applicant: Nyarugusu Mine Company Ltd; 1st Respondent: Bejomaki Financial Service Limited; 2nd Respondent: Maduhu Mulola Nkinda; 3rd Respondent: Ntobi Kishegena Malugu; 4th Respondent: Stanslaus Masunga Nkola
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 March 2025
Procedural Posture
Civil Reference / Ruling on Preliminary Objections and Competency
Outcome
Application struck out
Legal Topics
Reference Proceedings, Execution of Decrees, Affidavit Requirements, Locus Standi, Abuse of Process
Source Language
English
Civil Procedure Reference Proceedings Execution of Decrees Affidavit Requirements Locus Standi Abuse of Process

Case Brief

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Parties

Nyarugusu Mine Company Ltd

Applicant

Bejomaki Financial Service Limited

1st Respondent

Maduhu Mulola Nkinda

2nd Respondent

Ntobi Kishegena Malugu

3rd Respondent

Stanslaus Masunga Nkola

4th Respondent

Procedural Posture

Civil Reference / Ruling on Preliminary Objections and Competency

Legal Issues

  1. 1 Whether the application for reference meets the threshold under Order XLI Rule 1 of the Civil Procedure Code
  2. 2 Whether the affidavit in support of the application is defective for lack of personal knowledge and source of information
  3. 3 Whether the application is properly before the High Court or constitutes an abuse of process

Ratio Decidendi

The application is incompetent as it was not referred by the executing court in accordance with Order XLI Rule 1 of the Civil Procedure Code, and the supporting affidavit is fatally defective for containing facts not within the deponent's personal knowledge without stating the source of information, rendering the application unsustainable.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs