20051205 TZHC Dar es Salaam

20051205 TZHC Dar es Salaam

The preliminary objection on jurisdiction is rejected as it goes to the root of the subject matter and requires consideration of the merits of the application.

Citation
20051205 TZHC Dar es Salaam
Parties
Applicant: Consolidated Holding Corporation; Respondent: Paul Solomon Mwaipyana
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2005
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection rejected; main application to proceed on merits.
Legal Topics
Jurisdiction, Execution of Decrees, Preliminary Objection
Source Language
English

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Parties

Consolidated Holding Corporation

Applicant

Paul Solomon Mwaipyana

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

  1. 1 Whether the High Court has jurisdiction to entertain an application concerning execution of a Conciliation Board decision

Ratio Decidendi

The preliminary objection on jurisdiction is rejected as it goes to the root of the subject matter and requires consideration of the merits of the application.

Court Disposition

Preliminary objection rejected; main application to proceed on merits.

Orders

  • Main application to proceed on merits on 5 December 2005