ms afriq engineering construction co ltd vs registered trustees of the anglican church of t another 2018 tzhccomd 93 9 july 2018

ms afriq engineering construction co ltd vs registered trustees of the anglican church of t another 2018 tzhccomd 93 9 july 2018

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

Citation
ms afriq engineering construction co ltd vs registered trustees of the anglican church of t another 2018 tzhccomd 93 9 july 2018
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
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 July 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Temporary Injunctions, Preliminary Objections, Citation of Law, Defective Affidavits
Source Language
English
Civil Procedure Commercial Law Temporary Injunctions Preliminary Objections Citation of Law Defective Affidavits

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Parties

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

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent due to wrong and non-citation of the law
  2. 2 Whether the affidavit is defective
  3. 3 Whether the application complies with the required format under the High Court Commercial Rules, 2012

Ratio Decidendi

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

Court Disposition

Application struck out with costs

Orders

  • Misc. Commercial Application No. 99 of 2018 is struck out with costs