percy beda mwidadi others vs gaslamp holdings corp 2016 tzhccomd 29 30 june 2016

percy beda mwidadi others vs gaslamp holdings corp 2016 tzhccomd 29 30 june 2016

The affidavit in support of the application was incompetent due to lack of clarity regarding the deponent's status and on whose behalf it was sworn, rendering the application unsupported and incompetent.

Citation
percy beda mwidadi others vs gaslamp holdings corp 2016 tzhccomd 29 30 june 2016
Parties
Applicant: Percy Beda Mwidadi; Applicant: Victor Joseph Peter; Applicant: Maksim Chaldymov; Applicant: Yuri Valentinovich Chernomorchenko; Applicant: Ruphinus Anthony Mlorere; Applicant: Gold Tree Tanzania Limited; Respondent: Gaslamp Holdings Corp
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 June 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Security for Costs
Outcome
Application struck out
Legal Topics
Affidavit Competency, Security for Costs, Striking Out Applications
Source Language
English
Civil Procedure Commercial Law Affidavit Competency Security for Costs Striking Out Applications

Case Brief

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Parties

Percy Beda Mwidadi

Applicant

Victor Joseph Peter

Applicant

Maksim Chaldymov

Applicant

Yuri Valentinovich Chernomorchenko

Applicant

Ruphinus Anthony Mlorere

Applicant

Gold Tree Tanzania Limited

Applicant

Gaslamp Holdings Corp

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Security for Costs

Legal Issues

  1. 1 Whether the affidavit in support of the application is competent
  2. 2 Whether the application for security for costs can be sustained

Ratio Decidendi

The affidavit in support of the application was incompetent due to lack of clarity regarding the deponent's status and on whose behalf it was sworn, rendering the application unsupported and incompetent.

Court Disposition

Application struck out

Orders

  • Application struck out for incompetency of affidavit
  • No order as to costs