group six international company ltd vs central paris complex co ltd 2020 tzhc 3408 23 september 2020
The omission in the verification clause of the affidavit supporting the winding up petition is fatally incurable and cannot be remedied by the overriding objective principle, rendering the petition incompetent.
- Citation
- group six international company ltd vs central paris complex co ltd 2020 tzhc 3408 23 september 2020
- Parties
- Petitioner: Group Six International Company Limited; Respondent: Central Paris Complex Company Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 September 2020
- Procedural Posture
- Winding Up Petition / Ruling on Preliminary Objections
- Outcome
- petition struck out for incompetence
- Legal Topics
- Winding Up, Affidavit Verification, Preliminary Objection, Arbitration Clause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Group Six International Company Limited
Petitioner
Central Paris Complex Company Limited
Respondent
Procedural Posture
Winding Up Petition / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the winding up petition was prematurely filed due to arbitration clause
- 2 Whether the verification clause in the affidavit supporting the petition was defective and renders the petition incompetent
Ratio Decidendi
The omission in the verification clause of the affidavit supporting the winding up petition is fatally incurable and cannot be remedied by the overriding objective principle, rendering the petition incompetent.
Court Disposition
petition struck out for incompetence
Orders
- petition struck out
- costs awarded to respondent
Full Case Text
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