20130516 TZCA Dar es Salaam

20130516 TZCA Dar es Salaam

The panel unanimously rejected the applicant's requests for recusal and referral to a Full Bench, finding the claims belated, unsubstantiated, and indicative of forum shopping, and ordered the application to proceed to hearing.

Source-derived case information.

Citation
20130516 TZCA Dar es Salaam
Parties
Applicant: Blueline Enterprises Limited; Respondent: East African Development Bank
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 May 2013
Procedural Posture
Civil Application for Review / Preliminary Hearing on Recusal and Reference to Full Bench
Outcome
Applicant's requests for recusal and referral to Full Bench rejected; application to proceed to hearing.
Legal Topics
Judicial Recusal, Forum Shopping, Review of Court Decision, Consular Immunities
Source Language
english
Civil Procedure Constitutional Law Judicial Recusal Forum Shopping Review of Court Decision Consular Immunities

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Summary, issues, holding and outcome

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Parties

Blueline Enterprises Limited

Applicant

East African Development Bank

Respondent

Procedural Posture

Civil Application for Review / Preliminary Hearing on Recusal and Reference to Full Bench

  1. 1 Whether the panel should recuse itself due to prior involvement in related proceedings
  2. 2 Whether the application should be referred to a Full Bench
  3. 3 Whether prior decisions regarding immunity from attachment are per incuriam

Ratio Decidendi

The panel unanimously rejected the applicant's requests for recusal and referral to a Full Bench, finding the claims belated, unsubstantiated, and indicative of forum shopping, and ordered the application to proceed to hearing.

Court Disposition

Applicant's requests for recusal and referral to Full Bench rejected; application to proceed to hearing.

Orders

  • Application to proceed to hearing forthwith.