phantom modern transport 1985 limited vs dt dobie tanzania limited 2002 tzca 6 10 december 2002

phantom modern transport 1985 limited vs dt dobie tanzania limited 2002 tzca 6 10 december 2002

The cumulative effect of the defects in the respondent's affidavit—hearsay, speculation, argumentative paragraphs, and improper verification—rendered it incurably defective and incapable of amendment. The single judge erred in holding otherwise. The interim order for stay of execution was wrongly granted and must be quashed.

Citation
phantom modern transport 1985 limited vs dt dobie tanzania limited 2002 tzca 6 10 december 2002
Parties
Applicant: Phantom Modern Transport (1985) Limited; Respondent: M. Dapling (Tanzania) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 December 2002
Procedural Posture
Civil Reference / Appeal From Single Judge's Ruling on Preliminary Objection and Interim Stay Order
Outcome
Reference allowed. Decision of single judge set aside. Interim order of stay of execution quashed. Application for stay of execution dismissed.
Legal Topics
Affidavit Defects, Interim Stay of Execution, Sub Judice Rule, Amendment of Affidavits
Source Language
English
Civil Procedure Affidavit Defects Interim Stay of Execution Sub Judice Rule Amendment of Affidavits

Case Brief

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Parties

Phantom Modern Transport (1985) Limited

Applicant

M. Dapling (Tanzania) Limited

Respondent

Procedural Posture

Civil Reference / Appeal From Single Judge's Ruling on Preliminary Objection and Interim Stay Order

Legal Issues

  1. 1 Whether the interim order for stay of execution was pre-emptive of the main application for stay
  2. 2 Whether the affidavit in support of the application for stay of execution was incurably defective due to hearsay, speculation, and lack of proper verification
  3. 3 Whether defects in affidavits can be cured by amendment

Ratio Decidendi

The cumulative effect of the defects in the respondent's affidavit—hearsay, speculation, argumentative paragraphs, and improper verification—rendered it incurably defective and incapable of amendment. The single judge erred in holding otherwise. The interim order for stay of execution was wrongly granted and must be quashed.

Court Disposition

Reference allowed. Decision of single judge set aside. Interim order of stay of execution quashed. Application for stay of execution dismissed.

Orders

  • Set aside the decision of the single judge.
  • Quash the interim order of stay of execution.