20171023 TZCA Dar es Salaam

20171023 TZCA Dar es Salaam

Affidavits lacking the written name of the attesting officer in the jurat are fatally defective and render the application incompetent.

Citation
20171023 TZCA Dar es Salaam
Parties
Applicant: The Fair Competition Commission; 1st Respondent: Tanzania Breweries Limited; 2nd Respondent: Serengeti Breweries Ltd; 3rd Respondent: Coca Cola Kwanza Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 October 2017
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Attestation, Jurisdiction, Revision of Tribunal Decisions
Source Language
English
Civil Procedure Competition Law Affidavit Attestation Jurisdiction Revision of Tribunal Decisions

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Parties

The Fair Competition Commission

Applicant

Tanzania Breweries Limited

1st Respondent

Serengeti Breweries Ltd

2nd Respondent

Coca Cola Kwanza Limited

3rd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavits supporting the application are fatally defective for lack of attesting officer's written name in the jurat
  2. 2 Whether the Court of Appeal has jurisdiction to revise decisions of the Fair Competition Tribunal

Ratio Decidendi

Affidavits lacking the written name of the attesting officer in the jurat are fatally defective and render the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out with costs to the 1st respondent