rostam azizi vs christopher mtikila 2011 tzhc 2145 15 march 2011

rostam azizi vs christopher mtikila 2011 tzhc 2145 15 march 2011

The affidavits supporting the application are fatally defective for containing arguments, opinions, and prayers, contrary to Order XIX rule 3 of the Civil Procedure Code; as such, the application cannot stand and must be struck out.

Citation
rostam azizi vs christopher mtikila 2011 tzhc 2145 15 march 2011
Parties
Applicant/1st Defendant: Rostam Aziz; Respondent/plaintiff: Rev. Christopher Mtikila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 March 2011
Procedural Posture
Civil Application / Ruling on Preliminary Objections to Application for Extension of Time to File Defence
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Affidavit Defects, Preliminary Objections
Source Language
English
Civil Procedure Extension of Time Affidavit Defects Preliminary Objections

Case Brief

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Parties

Rostam Aziz

Applicant/1st Defendant

Rev. Christopher Mtikila

Respondent/plaintiff

Procedural Posture

Civil Application / Ruling on Preliminary Objections to Application for Extension of Time to File Defence

Legal Issues

  1. 1 Whether the application for extension of time to file defence is competent and properly before the court
  2. 2 Whether the affidavits supporting the application are incurably defective

Ratio Decidendi

The affidavits supporting the application are fatally defective for containing arguments, opinions, and prayers, contrary to Order XIX rule 3 of the Civil Procedure Code; as such, the application cannot stand and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application for extension of time to file defence is struck out with costs.