pangea minerals ltd vs petrofuel t ltd and others 2020 tzhccomd 2053 1 september 2020

pangea minerals ltd vs petrofuel t ltd and others 2020 tzhccomd 2053 1 september 2020

The affidavit in support of the application was attested by a person who, at the time, did not possess a valid practicing certificate as a commissioner for oaths, rendering the affidavit invalid and the application incompetent for lack of a valid supporting affidavit.

Citation
pangea minerals ltd vs petrofuel t ltd and others 2020 tzhccomd 2053 1 september 2020
Parties
Applicant: Pangea Minerals Ltd; 1st Respondent: Petrofuel (T) Limited; 2nd Respondent: Power Roads (T) Limited; 3rd Respondent: Lycopodium Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 September 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Affidavit Validity, Commissioner for Oaths Qualifications, Preliminary Objections
Source Language
English
Civil Procedure Commercial Law Extension of Time Affidavit Validity Commissioner for Oaths Qualifications Preliminary Objections

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Parties

Pangea Minerals Ltd

Applicant

Petrofuel (T) Limited

1st Respondent

Power Roads (T) Limited

2nd Respondent

Lycopodium Tanzania Limited

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in support of the application is valid given the status of the commissioner for oaths who attested it
  2. 2 Whether the application is competent in law without a valid supporting affidavit
  3. 3 Whether the application was brought under the correct enabling provision of law

Ratio Decidendi

The affidavit in support of the application was attested by a person who, at the time, did not possess a valid practicing certificate as a commissioner for oaths, rendering the affidavit invalid and the application incompetent for lack of a valid supporting affidavit.

Court Disposition

Application struck out with costs

Orders

  • The affidavit in support of the application is expunged from the court record for being invalid.
  • The application is struck out for being incompetent for lack of a valid supporting affidavit.