20110713 TZCA Dar es Salaam

20110713 TZCA Dar es Salaam

The preliminary objection was not a pure point of law as it relied on facts and affidavits; Rule 106(9) confers discretion to the Court, and the objection did not meet the requirements for a valid preliminary objection.

Citation
20110713 TZCA Dar es Salaam
Parties
Applicant: African Development Bank; Respondent: East African Development Bank; Respondent: Blueline Enterprises Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 July 2011
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs
Legal Topics
Extension of Time, Preliminary Objection, Written Submissions, Judicial Discretion
Source Language
English
Civil Procedure Extension of Time Preliminary Objection Written Submissions Judicial Discretion

Case Brief

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Parties

African Development Bank

Applicant

East African Development Bank

Respondent

Blueline Enterprises Limited

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection raised is a pure point of law
  2. 2 Whether the applicant's delay in filing written submissions warrants dismissal under Rule 106(9)

Ratio Decidendi

The preliminary objection was not a pure point of law as it relied on facts and affidavits; Rule 106(9) confers discretion to the Court, and the objection did not meet the requirements for a valid preliminary objection.

Court Disposition

preliminary objection dismissed with costs

Orders

  • preliminary objection dismissed
  • costs awarded to applicant