MS HUMPHREY CONSTRUCTION LTD AND THA PARMANENT SECRETARY MINISTRY OF FINANCE AND ECONOMIC AFFAIRS MISC

MS HUMPHREY CONSTRUCTION LTD AND THA PARMANENT SECRETARY MINISTRY OF FINANCE AND ECONOMIC AFFAIRS MISC

The objection regarding lack of board resolution is not a pure point of law as its determination requires ascertainment of facts and evidence, and thus cannot be determined as a preliminary objection. The objection regarding improper citation of enabling law fails because the cited Commercial Court Rules do not specifically provide for extension of time to file an answer to a petition, and the Law of Limitation Act is applicable to such applications involving arbitration matters.

Citation
MS HUMPHREY CONSTRUCTION LTD AND THA PARMANENT SECRETARY MINISTRY OF FINANCE AND ECONOMIC AFFAIRS MISC
Parties
Applicant: M/S Humphrey Construction Ltd; 1st Respondent: Permanent Secretary, Ministry of Finance and Economic Affairs; 2nd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Cause (arbitration Related) / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Preliminary Objection, Extension of Time, Board Resolution Requirement, Proper Citation of Enabling Law
Source Language
English
Civil Procedure Arbitration Company Law Preliminary Objection Extension of Time Board Resolution Requirement Proper Citation of Enabling Law

Case Brief

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Parties

M/S Humphrey Construction Ltd

Applicant

Permanent Secretary, Ministry of Finance and Economic Affairs

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Cause (arbitration Related) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is bad in law for want of proper citation of enabling provision of the law
  2. 2 Whether the application was instituted without a board resolution and whether the deponent had locus standi

Ratio Decidendi

The objection regarding lack of board resolution is not a pure point of law as its determination requires ascertainment of facts and evidence, and thus cannot be determined as a preliminary objection. The objection regarding improper citation of enabling law fails because the cited Commercial Court Rules do not specifically provide for extension of time to file an answer to a petition, and the Law of Limitation Act is applicable to such applications involving arbitration matters.

Court Disposition

Preliminary objections dismissed

Orders

  • Both preliminary objections are dismissed for lack of merit.
  • Costs to follow the event.