william benedictor vs platnum credit limited 2020 tzhc 3384 21 july 2020
Failure to list attached documents in the notice of application is not fatal where documents are attached and no prejudice is shown; verification of paragraphs in an affidavit suffices to verify subparagraphs contained therein.
- Citation
- william benedictor vs platnum credit limited 2020 tzhc 3384 21 july 2020
- Parties
- Applicant: William Benedicto; Respondent: Platnum Credit Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 July 2020
- Procedural Posture
- Labour Revision / Ruling on Preliminary Objection
- Outcome
- Preliminary Objection dismissed
- Legal Topics
- Preliminary Objection, Defective Notice of Application, Defective Verification Clause, Overriding Objective, Affidavit Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
William Benedicto
Applicant
Platnum Credit Limited
Respondent
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to list attached documents in the notice of application is fatal to the application
- 2 Whether the affidavit is fatally defective for not verifying subparagraphs in the verification clause
Ratio Decidendi
Failure to list attached documents in the notice of application is not fatal where documents are attached and no prejudice is shown; verification of paragraphs in an affidavit suffices to verify subparagraphs contained therein.
Court Disposition
Preliminary Objection dismissed
Orders
- Both points of preliminary objection are overruled and dismissed.
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