las construction company limited 2014 tzhc 2266 2 september 2014
Citing s. 2(3) of Cap. 358 as the enabling provision sufficiently moved the court; mere citation of other provisions did not vitiate the competence of the application; common law practice applies in absence of statutory guidance.
- Citation
- las construction company limited 2014 tzhc 2266 2 september 2014
- Parties
- Applicant: LAS Construction Company Limited; 1st Respondent: Public Procurement Regulatory Authority; 2nd Respondent: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 September 2014
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled
- Legal Topics
- Prerogative Orders, Leave to Apply, Wrong Citation of Law, Common Law Reception
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
LAS Construction Company Limited
Applicant
Public Procurement Regulatory Authority
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the applicant cited proper provisions of law in moving the court for leave to apply for prerogative orders
- 2 Legal effect of improper citation of law
Ratio Decidendi
Citing s. 2(3) of Cap. 358 as the enabling provision sufficiently moved the court; mere citation of other provisions did not vitiate the competence of the application; common law practice applies in absence of statutory guidance.
Court Disposition
Preliminary objection overruled
Orders
- Application is competent and allowed to proceed
- It is so ordered
Full Case Text
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