20041112 TZCA Dar es Salaam
The preliminary objection was misconceived because the matter required ascertainment of facts and exercise of judicial discretion, thus the applicants must be given full opportunity to be heard.
Source-derived case information.
- Citation
- 20041112 TZCA Dar es Salaam
- Parties
- Applicant: Managing Director, TANESCO; Applicant: Director of Finance, TANESCO; Respondent: Interbest Investment Co. Ltd.
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 November 2004
- Procedural Posture
- Civil Reference / Reference From Decision of Single Judge on Preliminary Objection
- Outcome
- Reference dismissed
- Legal Topics
- Preliminary Objection, Stay of Execution, Civil Imprisonment, Agency
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Managing Director, TANESCO
Applicant
Director of Finance, TANESCO
Applicant
Interbest Investment Co. Ltd.
Respondent
Procedural Posture
Civil Reference / Reference From Decision of Single Judge on Preliminary Objection
Legal Issues
- 1 Whether the preliminary objection to the application for contempt and deposit of decretal sum was valid
- 2 Whether the applicants were properly made parties to the application
- 3 Whether the application was brought under the correct provisions of law
Ratio Decidendi
The preliminary objection was misconceived because the matter required ascertainment of facts and exercise of judicial discretion, thus the applicants must be given full opportunity to be heard.
Court Disposition
Reference dismissed
Orders
- Preliminary objection dismissed
- Applicants to be given full opportunity to be heard in the substantive application
Full Case Text
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