ms rans co ltd vs attorney general another 2022 tzhccomd 384 25 november 2022

ms rans co ltd vs attorney general another 2022 tzhccomd 384 25 november 2022

The annextures to the petition are certified by Mr. Menye David Manga, Notary Public and Commissioner for Oaths; whether he is the applicant's advocate requires evidence and cannot be determined at this stage. The preliminary objection is not a pure point of law and lacks substance.

Citation
ms rans co ltd vs attorney general another 2022 tzhccomd 384 25 november 2022
Parties
Petitioner: M/S RANS Company Limited; Respondent: Attorney General; Respondent: Roads Fund Board
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 November 2022
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Certification of Documents, Preliminary Objection, Procedure Under Arbitration Act
Source Language
English
Arbitration Commercial Law Certification of Documents Preliminary Objection Procedure Under Arbitration Act

Case Brief

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Parties

M/S RANS Company Limited

Petitioner

Attorney General

Respondent

Roads Fund Board

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is incompetent due to uncertified annextures as required by Rule 63(1) of the Arbitration Rules
  2. 2 Whether the preliminary objection is a pure point of law

Ratio Decidendi

The annextures to the petition are certified by Mr. Menye David Manga, Notary Public and Commissioner for Oaths; whether he is the applicant's advocate requires evidence and cannot be determined at this stage. The preliminary objection is not a pure point of law and lacks substance.

Court Disposition

preliminary objection overruled

Orders

  • Matter shall proceed from where it ended before hearing of the preliminary objection.
  • Each party shall bear its own costs.