Tanzania Case Law

access bank tanzania limited currently known as access microfinance bank tanzania limited v benedicta john bosco lindi 2024 tzhc 705 29 february 2024

Court

TZHC

The application is struck out because the supporting affidavit is defective due to improper verification; the deponent, an advocate, claimed personal knowledge of facts that were actually based on information from the applicant, without specifying the source as required by law. This defect renders the application incompetent.

Source excerpt

• Affidavit verification
• Notice of intention to lodge revision
• Procedural competence
• Defective affidavit

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equity bank tanzania limited v zas investment company limited 2024 tzhc 32 18 january 2024

Court

TZHC

The petition is incompetent for failure to attach or implead a Board Resolution authorizing the commencement of proceedings by the Petitioner company, which is a mandatory requirement under company law.

Source excerpt

• Compulsory winding up
• Board resolution requirement
• Preliminary objections
• Abuse of court process
• Defective affidavit

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misc civil application no 5267 of 2024 Ntahigiye

Court

TANZLII

The affidavit was properly dated and signed, thus not incurably defective. The error in the court title is minor and does not affect the substance of the application; amendment is allowed to cure the defect.

Source excerpt

• Extension of time
• Defective affidavit
• Court title citation
• Overriding objective
• Procedural technicalities

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Misc

Court

TANZLII

The affidavit was attested by a person whose certificate to practice as Commissioner for Oaths had expired, rendering the affidavit defective and the application incompetent.

Source excerpt

• Mareva injunction
• Defective affidavit
• Commissioner for oaths qualification

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victor michael tesha vs tanganyika coffee curing co ltd 2023 tzhc 23326 15 december 2023

Court

TZHC

The High Court struck out a labour application for delivery of possession after finding non-citation of enabling provisions and a fatal inconsistency in the land description.

• Jurisdiction
• Citation of enabling provisions
• Defective affidavit
• Description of property
• Preliminary objections
• Civil-procedure

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christopher edward mapunda vs world islamic propagation and humanitarian services 2023 tzhcld 1430 3 october 2023

Court

TANZLII

The High Court Labour Division struck out a revision application for non-compliance with mandatory procedural rules, including a defective affidavit and contradictory citations.

• Defective affidavit
• Wrong citation of law
• Non-compliance with procedural rules
• Preliminary objections
• Labour-law
• Civil-procedure

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zuhura suleiman kinyumbi vs lonagro tanzania limited 2023 tzhcld 1336 23 june 2023

Court

TANZLII

The application was struck out because the affidavit in support was defective, making the entire application incompetent under Rule 24(3) of the Labour Court Rules. The court cannot proceed on an incompetent application, and such applications are to be struck out, not dismissed.

Source excerpt

• Defective affidavit
• Preliminary objection
• Striking out applications
• Labour disputes

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Sarapioni

Court

TANZLII

The application is incompetent for failure to comply with mandatory procedural requirements, specifically the absence of Form No. 10 and a defective notice of application lacking index and pagination, as required by law.

Source excerpt

• Defective affidavit
• Notice of application
• Procedural compliance
• Labour court rules

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ditram raymond mkoma vs mwani mariculture limited 2023 tzhc 17439 30 mei 2023

Court

TZHC

The application is incompetent for being supported by a defective affidavit not attested by a Commissioner for Oaths, in contravention of section 8 of the Notaries Public and Commissioners for Oaths Act. The application was filed within time, but the procedural defect is fatal and cannot be cured by the overriding objective principle.

Source excerpt

• Time limitation for filing revision
• Defective affidavit
• Jurisdictional objections
• Procedural compliance

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MISC

Court

TANZLII

Paragraphs 6 and 10 of the applicant’s affidavit offend the law on affidavits but do not constitute substantive parts; thus, they can be expunged or overlooked, allowing the court to proceed with the substantive affidavit.

Source excerpt

• Affidavits
• Preliminary objections
• Hearsay
• Defective affidavit

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