20000127 TZCA Mwanza

20000127 TZCA Mwanza

The affidavit was not defective as it contained a verification clause and the deponent disclosed that his knowledge was personal, acquired during his tenure as legal adviser to the applicant; thus, the preliminary objection was dismissed.

Citation
20000127 TZCA Mwanza
Parties
Applicant: WETCU LTD.; Respondent: Michael M. Junga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 January 2000
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Stay of Execution Pending Appeal
Outcome
preliminary objection dismissed with costs
Legal Topics
Stay of Execution, Affidavit Requirements, Verification Clause, Source of Knowledge in Affidavits
Source Language
English
Civil Procedure Stay of Execution Affidavit Requirements Verification Clause Source of Knowledge in Affidavits

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Parties

WETCU LTD.

Applicant

Michael M. Junga

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the supporting affidavit for stay of execution is defective for lack of disclosure of source of knowledge and verification clause.

Ratio Decidendi

The affidavit was not defective as it contained a verification clause and the deponent disclosed that his knowledge was personal, acquired during his tenure as legal adviser to the applicant; thus, the preliminary objection was dismissed.

Court Disposition

preliminary objection dismissed with costs

Orders

  • preliminary objection dismissed
  • costs awarded to applicant