badugu ginning co ltd vs silwani galati mwantembe as receiver and manager of mara oil mills ginnery ltd 3 others 2011 tzhccomd 2034 21 june 2011

badugu ginning co ltd vs silwani galati mwantembe as receiver and manager of mara oil mills ginnery ltd 3 others 2011 tzhccomd 2034 21 june 2011

The order refusing to set aside the dismissal of the suit finally determined the rights of the parties and is appealable under Section 74(2) and Order XL rule 1(c) of the Civil Procedure Code. Therefore, the application for leave to appeal is competent and the preliminary objection is dismissed.

Citation
badugu ginning co ltd vs silwani galati mwantembe as receiver and manager of mara oil mills ginnery ltd 3 others 2011 tzhccomd 2034 21 june 2011
Parties
Applicant: Badugu Ginning Co. Ltd; 1st Respondent: Silwani Galati Mwantembe as Receiver and Manager of Mara Oil Mills & Ginnery Limited; 2nd Respondent: Federal Bank of Middle East Ltd; 3rd Respondent: Azania Bancorp Limited; 4th Respondent: Tanzania Electric Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 June 2011
Procedural Posture
Chamber Summons for Leave to Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Appealability of Orders, Leave to Appeal, Dismissal for Want of Prosecution, Restoration of Suits
Source Language
English
Civil Procedure Appellate Practice Appealability of Orders Leave to Appeal Dismissal for Want of Prosecution Restoration of Suits

Case Brief

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Parties

Badugu Ginning Co. Ltd

Applicant

Silwani Galati Mwantembe as Receiver and Manager of Mara Oil Mills & Ginnery Limited

1st Respondent

Federal Bank of Middle East Ltd

2nd Respondent

Azania Bancorp Limited

3rd Respondent

Tanzania Electric Co. Ltd

4th Respondent

Procedural Posture

Chamber Summons for Leave to Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order refusing to set aside dismissal of the suit is appealable to the Court of Appeal
  2. 2 Whether the application for leave to appeal is competent

Ratio Decidendi

The order refusing to set aside the dismissal of the suit finally determined the rights of the parties and is appealable under Section 74(2) and Order XL rule 1(c) of the Civil Procedure Code. Therefore, the application for leave to appeal is competent and the preliminary objection is dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • Applicants to file their notice of appeal within 14 days from date of this ruling
  • Costs awarded to the applicant