Automated Summary
Key Facts
The applicant (Colgate Palmotive Company) filed a civil suit against Chemie Cotex Industries Ltd and an application for temporary injunctive orders supported by an affidavit from Kibuta Ong'wamuhana. The respondent objected to paragraphs 7 and 8 of the affidavit, arguing they lacked proper verification and disclosure of belief grounds. The court ruled the preliminary objection overruled but allowed the applicant to file an amended affidavit within seven days to address defects in the verification clause.
Issues
- The court noted a defect in the affidavit where paragraph 2 states some contents are based on 'personal knowledge' and others on 'information and belief' without specifying sources, while paragraph 10 claims all information is 'true to the best of my knowledge'. This creates ambiguity in verification requirements. The court ruled the affidavit defective in this aspect but not incompetent, allowing the Applicant to file an amended affidavit to clarify the distinction between knowledge, information, and belief.
- The Respondent objected to paragraphs 7 and 8 of the Applicant's affidavit, arguing they lack proper verification as the statements are based on belief without disclosing grounds. The Applicant contended these paragraphs are within the deponent's personal knowledge and cited legal precedents to support the admissibility of belief-based statements in interlocutory applications. The court considered the verification clause in paragraph 10 and whether the objection meets the criteria for a preliminary objection under MUKISA BISCUIT MANUFACTURING CO LTD v. WEST END DISTRIBUTORS LTD.
Holdings
- The court overruled the preliminary objection regarding the alleged defects in paragraphs 7 and 8 of the supporting affidavit, concluding that the objection did not meet the criteria for a preliminary objection as per the Mukisa Biscuit Manufacturing Co Ltd case. The court found that the defect in the affidavit (conflicting verification clauses in paragraphs 2 and 10) could be remedied by allowing the applicant to file an amended affidavit within 7 days of the ruling.
- The court acknowledged that the affidavit contained two verification clauses (paragraphs 2 and 10), which required amendment to clarify which facts were based on the deponent's personal knowledge and which relied on information or belief, including their sources. The defect in the affidavit was deemed non-fatal and correctable.
Remedies
- The applicant is granted leave to file an amended affidavit to address defects in paragraphs 7 and 8 of the original supporting affidavit.
- The preliminary objection is overruled, and the applicant is permitted to submit an amended affidavit within seven days of the ruling.
Legal Principles
The court applied principles regarding the admissibility of affidavits in interlocutory applications, emphasizing that statements of belief must disclose their grounds. It also ruled that defects in an affidavit, such as incomplete verification clauses, can be remedied by allowing a party to file an amended affidavit.
Precedent Name
- Standard Goods In Corporation Ltd vs Harakhachand Nathu & Co Ltd
- Societe Generale de Surveillance vs Tanzania Revenue Authority
- Ddl Investment International Ltd vs Tanzania Harbours Authority & 2 Others
- Salima Vuai Foum vs Registrar of Cooperative Societies & Others
- Mukisa Biscuit Manufacturing Co Ltd vs West End Distributors Ltd
Cited Statute
Civil Procedure Code
Judge Name
J.I. Mlay
Passage Text
- In the final analysis the preliminary objection is overruled but the applicant is allowed to file an amended affidavit within 7 days of this ruling. Costs to be in the events.
- 10. That what is stated herein above is true to the best of my knowledge.
- In the case of MUKISA BISCUIT MANUFACTURING CO LTD VS. WEST END DISTRIBUTORS LTD [1969] EA 696, the defunct Court of Appeal of East Africa defined a preliminary objection as one which: 'consists of a point of law which has been pleaded, or which arises by clear implication, and which if argued as a preliminary point, may dispose of the suit'.