MS AFRIQ ENGINEERING AND CONSTR CO LTD VS THE REG TRUSTEES OF THE ANGLICAN CHURCH OF T MISC APPL NO 99 OF 2018 RULING HON

The application was made under non-existing law due to wrong citation of provisions, rendering it incompetent and not maintainable in law.

Citation: MS AFRIQ ENGINEERING AND CONSTR CO LTD VS THE REG TRUSTEES OF THE ANGLICAN CHURCH OF T MISC APPL NO 99 OF 2018 RULING HON
Parties: Applicant: M/S Afriq Engineering and Construction Company Ltd; 1st Respondent: The Registered Trustees of the Anglican Church of Tanzania (contracted as Diocese of Central Tanganyika the Anglican Church of Tanzania); 2nd Respondent: The Commercial Bank of Africa (T) Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2018
Procedural Posture: Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome: Application struck out with costs
Legal Topics: Temporary Injunctions, Preliminary Objection, Wrong Citation of Law, Defective Affidavit
Source Language: English

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M/S Afriq Engineering and Construction Company Ltd

Applicant

The Registered Trustees of the Anglican Church of Tanzania (contracted as Diocese of Central Tanganyika the Anglican Church of Tanzania)

1st Respondent

The Commercial Bank of Africa (T) Ltd

2nd Respondent

Miscellaneous Commercial Application / Ruling on Preliminary Objections

1 Whether the application is incompetent due to wrong and non-citation of the law
2 Whether the affidavit is defective for lack of proper jurat of attestation
3 Whether the application complies with the High Court Commercial Rules, 2012

The application was made under non-existing law due to wrong citation of provisions, rendering it incompetent and not maintainable in law.

Application struck out with costs