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Tanzania decisions
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A supplementary affidavit filed without leave of court after pleadings are closed is procedurally improper and must be expunged from the record. The preliminary objection qualifies as a pure point of law and is sustained.
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The applicant's right to be heard includes the opportunity to amend pleadings; no prejudice will be caused to the respondent as they will be served and have time to reply; amendment is allowed in the interest of justice.
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The Court of Appeal overruled a preliminary objection to receiving a copy of an intended intervention application, holding the filing method caused no prejudice.
The application is supported by an invalid affidavit which does not disclose the crucial information on the identity of the deponent in relation to the applicant. Such a defect cannot be cured by amendment or supplementary affidavit, rendering the application incompetent.
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The Court of Appeal refused extension of time to file written submissions for lack of good cause, but allowed a supplementary affidavit to be lodged.
The Court of Appeal allowed an adjournment so the applicant could file a supplementary affidavit in support of a stay application, subject to not pre-empting the preliminary objection.
The Court of Appeal struck out an application for leave to amend a motion and file a supplementary affidavit because the earlier leave had lapsed and the application cited the wrong rules.
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