hamisi s kibola and others vs saleh salim al amry 2020 tzhc 1946 31 march 2020

hamisi s kibola and others vs saleh salim al amry 2020 tzhc 1946 31 march 2020

The affidavit is incurably defective because the 1st Applicant affirmed facts relating to the 3rd Applicant without her affirmation or a power of attorney, violating Order XIX Rule 3(1) of the Civil Procedure Code. Such defects render the affidavit incompetent and the application must be struck out.

Source-derived case information.

Citation
hamisi s kibola and others vs saleh salim al amry 2020 tzhc 1946 31 march 2020
Parties
1st Applicant: Dr. Hamisi S. Kibola; 2nd Applicant: HSK Safaris Co Ltd; 3rd Applicant: Gilder F. Kibola; Respondent: Saleh Salim Al Amry
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Defects, Preliminary Objection, Representation in Affidavits
Source Language
english
Civil Procedure Affidavit Defects Preliminary Objection Representation in Affidavits

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Parties

Dr. Hamisi S. Kibola

1st Applicant

HSK Safaris Co Ltd

2nd Applicant

Gilder F. Kibola

3rd Applicant

Saleh Salim Al Amry

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit affirmed by the 1st Applicant is incurably defective for including facts relating to other applicants without proper authority or representation

Ratio Decidendi

The affidavit is incurably defective because the 1st Applicant affirmed facts relating to the 3rd Applicant without her affirmation or a power of attorney, violating Order XIX Rule 3(1) of the Civil Procedure Code. Such defects render the affidavit incompetent and the application must be struck out.

Court Disposition

Application struck out

Orders

  • Application struck out for being accompanied by an incurably defective affidavit
  • Costs to follow the event