as noremco construction noremco vs dar es salaam sewerage authority dawasa 2009 tzhccomd 1 14 august 2009

All preliminary objections raised by both parties are dismissed as they either lack merit, are not fatal, or are curable by amendment. The suit is to proceed on merits.

Citation: as noremco construction noremco vs dar es salaam sewerage authority dawasa 2009 tzhccomd 1 14 august 2009
Parties: Plaintiff: A/S Noremco Construction (Noremco); Defendant: Dar es Salaam Water and Sewerage Authority (DAWASA)
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 14 August 2009
Procedural Posture: Commercial Case / Ruling on Preliminary Objections
Outcome: All preliminary objections dismissed with costs in the cause.
Legal Topics: Preliminary Objection, Cause of Action, Res Judicata, Non Joinder of Parties, Verification of Pleadings
Source Language: English

Civil Procedure Contract Law Preliminary Objection Cause of Action Res Judicata Non Joinder of Parties Verification of Pleadings

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Parties

A/S Noremco Construction (Noremco)

Plaintiff

Dar es Salaam Water and Sewerage Authority (DAWASA)

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

1 Whether the written statement of defence was filed out of time and without leave of court
2 Whether the written statement of defence was properly signed
3 Whether the Plaint discloses a cause of action against the Defendant

Ratio Decidendi

All preliminary objections raised by both parties are dismissed as they either lack merit, are not fatal, or are curable by amendment. The suit is to proceed on merits.

Court Disposition

All preliminary objections dismissed with costs in the cause.

Orders

Suit to proceed on merits
Costs to be in the cause