The Respondent filed counter affidavit in opposition to an application for temporary injunction. The Applicants raised an objection to the counter affidavit filed by the Respondent on the ground that the Respondent’s counter affidavit was defective and, therefore, as good as if no affidavit had been filed. The purported counter affidavit has been sworn by Rashid Ali Juma and signed on his behalf by a person whose name and title was not clearly mentioned. Because of this, it was argued that the Respondent had no affidavit and the only unchallenged affidavit was that of Applicants. The Applicant prayed for his affidavit to be considered as it was and for the Court to give its ruling relying on it alone.

