brumby oil t ltd vs the t petroleum development corporation 2005 tzhccomd 38 19 april 2005

brumby oil t ltd vs the t petroleum development corporation 2005 tzhccomd 38 19 april 2005

The affidavit supporting the application was incurably defective for lack of date in the jurat served on the respondent, warranting its striking out. The Ministry of Energy and Minerals, a party to the Memorandum of Understanding, would be adversely affected by the orders sought but was not joined, making the application improper. The orders sought were not suitable for temporary injunction as they would determine substantive rights before trial. All preliminary objections were upheld and the chamber application dismissed with costs.

Citation
brumby oil t ltd vs the t petroleum development corporation 2005 tzhccomd 38 19 april 2005
Parties
Plaintiff/applicant: Brumby Oil (T) Limited; Defendant/respondent: Tanzania Petroleum Development Corporation
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 April 2005
Procedural Posture
Commercial Case / Ruling on Preliminary Objections to Chamber Application
Outcome
Chamber application dismissed with costs; preliminary objections upheld.
Legal Topics
Affidavit Defects, Joinder of Parties, Temporary Injunctions, Production Sharing Agreements, Government Proceedings
Source Language
English
Civil Procedure Commercial Law Oil and Gas Law Affidavit Defects Joinder of Parties Temporary Injunctions Production Sharing Agreements Government Proceedings

Case Brief

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Parties

Brumby Oil (T) Limited

Plaintiff/applicant

Tanzania Petroleum Development Corporation

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objections to Chamber Application

Legal Issues

  1. 1 Whether the affidavit supporting the application was incurably defective for lack of date in the jurat of attestation
  2. 2 Whether the Ministry of Energy and Minerals was a necessary party to the proceedings
  3. 3 Whether the orders sought in the chamber application could be granted as temporary injunctions

Ratio Decidendi

The affidavit supporting the application was incurably defective for lack of date in the jurat served on the respondent, warranting its striking out. The Ministry of Energy and Minerals, a party to the Memorandum of Understanding, would be adversely affected by the orders sought but was not joined, making the application improper. The orders sought were not suitable for temporary injunction as they would determine substantive rights before trial. All preliminary objections were upheld and the chamber application dismissed with costs.

Court Disposition

Chamber application dismissed with costs; preliminary objections upheld.

Orders

  • Affidavit of Craig David Bond struck out.
  • Chamber application dismissed with costs.