percy beda mwidadi others vs gaslamp holding corp 2016 tzhc 2200 30 june 2016

percy beda mwidadi others vs gaslamp holding corp 2016 tzhc 2200 30 june 2016

The affidavit supporting the application lacked specificity regarding the deponent's authority and representation for all applicants, rendering the application incompetent and warranting its striking out.

Citation
percy beda mwidadi others vs gaslamp holding corp 2016 tzhc 2200 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
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Security for Costs
Outcome
Application struck out for incompetency of supporting affidavit.
Legal Topics
Affidavit Competency, Security for Costs, Striking Out Applications
Source Language
English
Civil Procedure 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 is properly supported

Ratio Decidendi

The affidavit supporting the application lacked specificity regarding the deponent's authority and representation for all applicants, rendering the application incompetent and warranting its striking out.

Court Disposition

Application struck out for incompetency of supporting affidavit.

Orders

  • Application struck out
  • No order as to costs