rustamali shivji karim merani vs kamal bhushan joshi 2012 tzca 237 27 february 2012

rustamali shivji karim merani vs kamal bhushan joshi 2012 tzca 237 27 february 2012

The affidavit in support of the application is incurably defective as it contains hearsay, legal arguments, and facts not within the deponent's personal knowledge without disclosure of sources; since a valid affidavit is essential for a notice of motion, the application is incompetent and must be struck out.

Citation
rustamali shivji karim merani vs kamal bhushan joshi 2012 tzca 237 27 february 2012
Parties
Applicant: Rustamali Shivlikarim Merani; Respondent: Kamal Bhushan Joshi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 2012
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Defects, Revision Jurisdiction, Preliminary Objection, Extension of Time
Source Language
English
Civil Procedure Affidavit Defects Revision Jurisdiction Preliminary Objection Extension of Time

Case Brief

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Parties

Rustamali Shivlikarim Merani

Applicant

Kamal Bhushan Joshi

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit in support of the application is incurably defective
  2. 2 Whether the application for revision can be sustained without a proper affidavit

Ratio Decidendi

The affidavit in support of the application is incurably defective as it contains hearsay, legal arguments, and facts not within the deponent's personal knowledge without disclosure of sources; since a valid affidavit is essential for a notice of motion, the application is incompetent and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The preliminary objection is sustained.
  • The application is struck out with costs.