20170719 TZCA Dar es Salaam

20170719 TZCA Dar es Salaam

The impugned order refusing recusal was interlocutory as it did not finally determine the suit; thus, the application is barred by section 5(2)(d) of the Appellate Jurisdiction Act and must be struck out.

Citation
20170719 TZCA Dar es Salaam
Parties
Applicant: MIC Tanzania Limited; Applicant: Millcom (Tanzania) N.V.; Applicant: Millcom International Cellular S.A.; Applicant: SHAI Holdings S.A.; Respondent: Golden Globe International Services Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 July 2017
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Recusal of Judge, Revision Jurisdiction, Interlocutory Orders, Preliminary Objection
Source Language
English
Civil Procedure Company Law Recusal of Judge Revision Jurisdiction Interlocutory Orders Preliminary Objection

Case Brief

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Parties

MIC Tanzania Limited

Applicant

Millcom (Tanzania) N.V.

Applicant

Millcom International Cellular S.A.

Applicant

SHAI Holdings S.A.

Applicant

Golden Globe International Services Limited

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for wrong citation of enabling provisions
  2. 2 Whether the application is barred as it seeks to revise an interlocutory order

Ratio Decidendi

The impugned order refusing recusal was interlocutory as it did not finally determine the suit; thus, the application is barred by section 5(2)(d) of the Appellate Jurisdiction Act and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out with costs