hamza f kimbengele vs tanzania posts corporation another 2015 tzhc 2265 22 october 2015

hamza f kimbengele vs tanzania posts corporation another 2015 tzhc 2265 22 october 2015

Failure to cite section 43(1)(a) and (b) of the Public Corporations Act does not render the application incompetent because section 9(1) of the Bankruptcy Act is the enabling provision; section 43(1) is merely declaratory and not an enabling provision.

Citation
hamza f kimbengele vs tanzania posts corporation another 2015 tzhc 2265 22 october 2015
Parties
Applicant: Hamza F. Kimbengele; 1st Respondent: Tanzania Posts Corporation; 2nd Respondent: The Consolidated Holding Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Preliminary Objection, Wrong Citation of Law, Receivership, Leave to Sue Public Corporation
Source Language
English
Civil Procedure Preliminary Objection Wrong Citation of Law Receivership Leave to Sue Public Corporation

Case Brief

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Parties

Hamza F. Kimbengele

Applicant

Tanzania Posts Corporation

1st Respondent

The Consolidated Holding Corporation

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to cite section 43(1)(a) and (b) of the Public Corporations Act renders the application incompetent
  2. 2 Whether section 9(1) of the Bankruptcy Act is the enabling provision for the application

Ratio Decidendi

Failure to cite section 43(1)(a) and (b) of the Public Corporations Act does not render the application incompetent because section 9(1) of the Bankruptcy Act is the enabling provision; section 43(1) is merely declaratory and not an enabling provision.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant