riakdit barnabas vs bp tanzania limited 2017 tzca 234 3 july 2017

A preliminary objection cannot be decided in favour of a party whose counsel does not support it; the PO was struck out as unsupported.

Citation: riakdit barnabas vs bp tanzania limited 2017 tzca 234 3 july 2017
Parties: Applicant: Riakdit Barnabas; Respondent: BP Tanzania Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 July 2017
Procedural Posture: Civil Application for Review / Ruling on Preliminary Objection
Outcome: Preliminary objection struck out as unsupported.
Legal Topics: Affidavit Defects, Jurat of Attestation, Preliminary Objection, Amendment of Notaries Public and Commissioners' for Oaths Act
Source Language: English

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Riakdit Barnabas

Applicant

BP Tanzania Limited

Respondent

Civil Application for Review / Ruling on Preliminary Objection

1 Whether the omission of the attesting officer's name in the jurat of an affidavit renders it incurably defective

A preliminary objection cannot be decided in favour of a party whose counsel does not support it; the PO was struck out as unsupported.

Preliminary objection struck out as unsupported.

Preliminary objection struck out under rule 4(2)(a) and (b) of the Tanzania Court of Appeal Rules, 2009.
Costs of the preliminary objection to abide the outcome of the main application.