attorney general vs mirage lite ltd another 2023 tzca 17861 21 november 2023

attorney general vs mirage lite ltd another 2023 tzca 17861 21 november 2023

The objection that the applicant was required to file a supplementary affidavit to submit the application to be intervened is without substance because the Court did not prescribe the modality for submission, no application for supplementary affidavit was made, and the respondent had knowledge and possession of the document. The procedure adopted did not prejudice the respondent.

Citation
attorney general vs mirage lite ltd another 2023 tzca 17861 21 november 2023
Parties
Applicant: The Attorney General; 1st Respondent: Mirage Lite Ltd; 2nd Respondent: Airtel Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Procedure for Submitting Document
Outcome
Objection overruled
Legal Topics
Intervention, Filing Procedures, Supplementary Affidavit, Judicial Notice
Source Language
English
Civil Procedure Intervention Filing Procedures Supplementary Affidavit Judicial Notice

Case Brief

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Parties

The Attorney General

Applicant

Mirage Lite Ltd

1st Respondent

Airtel Tanzania Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Procedure for Submitting Document

Legal Issues

  1. 1 Whether the applicant was required to file a supplementary affidavit to submit a copy of the application to be intervened
  2. 2 Whether the procedure adopted by the applicant in submitting the document was proper

Ratio Decidendi

The objection that the applicant was required to file a supplementary affidavit to submit the application to be intervened is without substance because the Court did not prescribe the modality for submission, no application for supplementary affidavit was made, and the respondent had knowledge and possession of the document. The procedure adopted did not prejudice the respondent.

Court Disposition

Objection overruled

Orders

  • Objection by first respondent dismissed
  • Hearing of the application adjourned to next convenient session