20111213 TZHC Dodoma

20111213 TZHC Dodoma

The petition is time barred as it was filed beyond the six-year limitation period applicable to suits; the petition is vexatious and overtaken by events as it seeks to impugn a repealed law; leave of the court and joinder of the official receiver were not obtained as required for suing a public corporation under receivership; proper notice to the Attorney General was not proven; only the fifth preliminary objection regarding joinder of the Attorney General was rejected.

Citation
20111213 TZHC Dodoma
Parties
Applicant: Josephat Jones Mwaipopo; First Respondent: Attorney General; Second Respondent: Tanzania Telecommunication Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2011
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objections
Outcome
Petition dismissed with costs
Legal Topics
Limitation of Actions, Jurisdiction, Unconstitutionality of Statutes, Government Proceedings, Receivership of Public Corporations
Source Language
English
Constitutional Law Labour Law Civil Procedure Limitation of Actions Jurisdiction Unconstitutionality of Statutes Government Proceedings Receivership of Public Corporations

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Parties

Josephat Jones Mwaipopo

Applicant

Attorney General

First Respondent

Tanzania Telecommunication Company Limited

Second Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition is time barred
  2. 2 Whether the petition is vexatious, frivolous, and overtaken by events due to repeal of the impugned law
  3. 3 Whether leave of the court was required to sue the second respondent under receivership

Ratio Decidendi

The petition is time barred as it was filed beyond the six-year limitation period applicable to suits; the petition is vexatious and overtaken by events as it seeks to impugn a repealed law; leave of the court and joinder of the official receiver were not obtained as required for suing a public corporation under receivership; proper notice to the Attorney General was not proven; only the fifth preliminary objection regarding joinder of the Attorney General was rejected.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed with costs to the respondents