20160630 TZCA Dar es Salaam 1

20160630 TZCA Dar es Salaam 1

The affidavit supporting the application was incompetent due to lack of specificity regarding the deponent's authority and representation, rendering the application unsupported and thus incompetent.

Citation
20160630 TZCA Dar es Salaam 1
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
TZCA
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
Security for Costs, Affidavit Competency, Shareholder Disputes
Source Language
English
Civil Procedure Commercial Law Security for Costs Affidavit Competency Shareholder Disputes

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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 was incompetent due to lack of specificity regarding the deponent's authority and representation, rendering the application unsupported and thus incompetent.

Court Disposition

Application struck out

Orders

  • Application struck out for want of competent supporting affidavit
  • No order as to costs