kastan mining ltd vs luguruni mining ltd 2 others 2008 tzhccomd 13 23 april 2008

kastan mining ltd vs luguruni mining ltd 2 others 2008 tzhccomd 13 23 april 2008

The preliminary objection is overruled because the dispute is not within the matters covered by section 101 of the Mining Act, is not a land dispute under the Land Act, and the defect in verification is a procedural irregularity that can be remedied without affecting the merits or jurisdiction.

Citation
kastan mining ltd vs luguruni mining ltd 2 others 2008 tzhccomd 13 23 april 2008
Parties
Plaintiff: Kastan Mining Limited; 1st Defendant: Luguruni Mining Limited; 2nd Defendant: Theresa Kerenge; 3rd Defendant: Ahmed Abas Rashid
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 April 2008
Procedural Posture
Commercial Case / Ruling on Preliminary Objection to Competence of Suit and Application for Temporary Injunction
Outcome
Preliminary objection overruled
Legal Topics
Temporary Injunctions, Jurisdiction, Verification of Pleadings, Mining Rights, Preliminary Objection
Source Language
English
Commercial Law Mining Law Civil Procedure Temporary Injunctions Jurisdiction Verification of Pleadings Mining Rights Preliminary Objection

Case Brief

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Parties

Kastan Mining Limited

Plaintiff

Luguruni Mining Limited

1st Defendant

Theresa Kerenge

2nd Defendant

Ahmed Abas Rashid

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection to Competence of Suit and Application for Temporary Injunction

Legal Issues

  1. 1 Whether the suit is incompetent for failure to first refer the dispute to the Commissioner for Minerals under section 101 of the Mining Act
  2. 2 Whether the dispute is a land matter falling under the exclusive jurisdiction of the Land Division of the High Court
  3. 3 Whether the plaint is incurably defective for failure to comply with Order VI Rule 15(3) of the Civil Procedure Code regarding verification

Ratio Decidendi

The preliminary objection is overruled because the dispute is not within the matters covered by section 101 of the Mining Act, is not a land dispute under the Land Act, and the defect in verification is a procedural irregularity that can be remedied without affecting the merits or jurisdiction.

Court Disposition

Preliminary objection overruled

Orders

  • Plaintiff allowed to amend pleadings by inserting the date and place of verification
  • No order as to costs