20151022 TZHC Dodoma

20151022 TZHC Dodoma

Failure to cite section 43(1)(a) and (b) of the Public Corporations Act does not render the application incompetent because those provisions are merely declaratory and not enabling; section 9(1) of the Bankruptcy Act is the correct enabling provision.

Citation
20151022 TZHC Dodoma
Parties
Applicant: Hamza F. Kimbengele; 1st Respondent: Tanzania Posts Corporation; 2nd Respondent: The Consolidated Holding Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2015
Procedural Posture
Misc Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Preliminary Objection, Citation of Enabling Provisions, Receivership, Leave to Commence Proceedings
Source Language
English
Civil Procedure Preliminary Objection Citation of Enabling Provisions Receivership Leave to Commence Proceedings

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Parties

Hamza F. Kimbengele

Applicant

Tanzania Posts Corporation

1st Respondent

The Consolidated Holding Corporation

2nd Respondent

Procedural Posture

Misc Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to cite section 43(1)(a) and (b) of the Public Corporations Act renders the application incompetent
  2. 2 Whether section 9(1) of the Bankruptcy Act is the enabling provision for the application

Ratio Decidendi

Failure to cite section 43(1)(a) and (b) of the Public Corporations Act does not render the application incompetent because those provisions are merely declaratory and not enabling; section 9(1) of the Bankruptcy Act is the correct enabling provision.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant