20140902 TZHC Dar es Salaam

20140902 TZHC Dar es Salaam

Citing s. 2(3) of Cap. 358 in the chamber summons sufficiently moved the court, and the mere citing of other provisions did not vitiate the competence of the application. The preliminary objection was overruled.

Citation
20140902 TZHC Dar es Salaam
Parties
Applicant: LAS Construction Company Limited; 1st Respondent: Public Procurement Regulatory Authority; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Prerogative Orders, Leave to Apply for Certiorari and Mandamus, Wrong Citation of Law, Common Law Reception
Source Language
English
Administrative Law Civil Procedure Prerogative Orders Leave to Apply for Certiorari and Mandamus Wrong Citation of Law Common Law Reception

Case Brief

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Parties

LAS Construction Company Limited

Applicant

Public Procurement Regulatory Authority

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant cited proper provisions of law in moving the court for leave to apply for prerogative orders
  2. 2 Legal effect of improper citation of law

Ratio Decidendi

Citing s. 2(3) of Cap. 358 in the chamber summons sufficiently moved the court, and the mere citing of other provisions did not vitiate the competence of the application. The preliminary objection was overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed
  • Application to proceed