MMG Gold Limited versus Hertz Tanzania Ltd; Misc Commercial Cause No. 118 of 2015; High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure.
- Applications – When section 95 of the Civil Procedure Code can be cited in an application?
- Affidavit – what an affidavit should contain?
Held:-
(i) Citation of section 95 of the Civil Procedure Code in an application is applicable only in situations where there is no other provision of law to cater for the problem. Where there is a specific legislation, inherent powers which are discretionary should not be invoked.
(ii) As a general rule of practice and procedure, an affidavit for use in court, being a substitute for oral evidence should only contain statements of facts and circumstances to which the witness deposes either of his own personal knowledge or from information which he believes to be true. Such an affidavit must not contain an extraneous matter by way of objection or prayer or legal arguments or conclusion. (Cited Uganda v. Commissioner of Prisons Ex Parte Matovu (1966) EA 514).