20171205 TZCA Mwanza

20171205 TZCA Mwanza

Application is incompetent due to defective affidavit; respondent awarded half costs subject to taxation as applicant failed to inform respondent in advance of concession.

Source-derived case information.

Citation
20171205 TZCA Mwanza
Parties
Applicant: Tanzania Fish Processors Limited; Respondent: Eusto K. Ntagalinda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 December 2017
Procedural Posture
Civil Application for Review / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Review, Affidavit Defects, Costs
Source Language
english
Civil Procedure Review Affidavit Defects Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tanzania Fish Processors Limited

Applicant

Eusto K. Ntagalinda

Respondent

Procedural Posture

Civil Application for Review / Ruling on Preliminary Objection

  1. 1 Whether the application for review is incompetent due to defective affidavit lacking attesting officer's name in jurat
  2. 2 Whether applicant should be spared from paying costs after conceding to preliminary objection

Ratio Decidendi

Application is incompetent due to defective affidavit; respondent awarded half costs subject to taxation as applicant failed to inform respondent in advance of concession.

Court Disposition

Application struck out as incompetent

Orders

  • Respondent awarded half costs subject to taxation