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Tanzania decisions
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The Court of Appeal of Tanzania granted a stay of execution pending appeal, conditioned on a bank guarantee, after finding the stay requirements were met.
The High Court Labour Division dismissed an application for extension of time to seek review, finding no sufficient reason for delay and doubting the medical evidence.
Discovery of documents is granted where the documents sought are specific, relevant to the pending suit, and in the possession or control of the party from whom discovery is sought. Affidavits sworn by advocates are competent if they relate to matters within their knowledge and the advocates are involved in the conduct of the case. Requests that are general or speculative, or for documents not in the possession of the Respondent, are denied.
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Applicant demonstrated sufficient cause for delay, was unaware of the proceedings due to lack of information and contested appointment as administrator. Delay was not inordinate and was promptly addressed upon awareness. Affidavit supporting application is competent. Extension of time and joinder as legal representative are warranted.
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The High Court overruled preliminary objections that NCBA Bank lacked locus standi and that its supporting affidavit was incompetent, allowing the application to proceed.
Both preliminary objections lack merit as the affidavit was sufficiently ratified and knowledgeable, and delay in filing was justified by technical failure in eCMS system.
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The affidavit in support of the application was fatally defective because it was sworn by a person whose authority and position in the applicant company was not disclosed, contravening Order XXVIII Rule 1 of the Civil Procedure Code. As a result, the application was incompetent and struck out.
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The High Court Land Division granted leave to appeal, finding the intended appeal raised an arguable issue of general importance on illegality and extension of time.
The applicant failed to provide a consistent and sufficient explanation for the delay, and the affidavit was found incompetent due to contradictions with submissions. Therefore, no sufficient cause was established for extension of time.
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The affidavit in support of the application was affirmed by the applicants' advocate based solely on information supplied by the applicants, not on the advocate's personal knowledge, rendering it hearsay and incurably defective. Without a supporting affidavit from the applicants or an averment of belief in the truth of the information, the affidavit cannot support the application, and the application must be struck out.
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