20170729 TZCA Dar es Salaam

A preliminary objection cannot be decided where the party raising it does not support it; the objection is struck out as unsupported.

Citation: 20170729 TZCA Dar es Salaam
Parties: Applicant: Riakdit Barnabas; Respondent: BP Tanzania Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 29 July 2017
Procedural Posture: Civil Application / Ruling on Preliminary Objection
Outcome: preliminary objection struck out
Legal Topics: Affidavit Defects, Jurat of Attestation, Preliminary Objection, Review Applications
Source Language: English

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Riakdit Barnabas

Applicant

BP Tanzania Limited

Respondent

Civil Application / Ruling on Preliminary Objection

1 Whether the absence of the attesting officer's name in the jurat renders the affidavit incurably defective
2 Whether the preliminary objection should be upheld in light of conflicting case law and statutory amendment

A preliminary objection cannot be decided where the party raising it does not support it; the objection is struck out as unsupported.

preliminary objection struck out

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