20050228 TZHC Dar es Salaam

20050228 TZHC Dar es Salaam

The court held that the questions of whether the plaintiff's claims are provable in bankruptcy and whether the second defendant is liable cannot be determined at the preliminary objection stage and should be resolved as triable issues after a full hearing.

Citation
20050228 TZHC Dar es Salaam
Parties
Plaintiff: Burton Lupelo Kihaka; 1st Defendant: Tanzania Electric Supply Co. Ltd. (TANESCO); 2nd Defendant: The Parastatal Sector Reform Commission (PSRC)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2005
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Preliminary Objection, Pecuniary Jurisdiction, Provable Debts in Bankruptcy, Receivership
Source Language
English
Civil Procedure Bankruptcy Preliminary Objection Pecuniary Jurisdiction Provable Debts in Bankruptcy Receivership

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Parties

Burton Lupelo Kihaka

Plaintiff

Tanzania Electric Supply Co. Ltd. (TANESCO)

1st Defendant

The Parastatal Sector Reform Commission (PSRC)

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff's claims are provable in bankruptcy against the second defendant
  2. 2 Whether the second defendant is liable for the plaintiff's claims at this stage

Ratio Decidendi

The court held that the questions of whether the plaintiff's claims are provable in bankruptcy and whether the second defendant is liable cannot be determined at the preliminary objection stage and should be resolved as triable issues after a full hearing.

Court Disposition

Preliminary objection dismissed

Orders

  • Each party to bear its own costs