tanzania breweries ltd another vs osca shelukindo others 2019 tzhc 16 3 october 2019

tanzania breweries ltd another vs osca shelukindo others 2019 tzhc 16 3 october 2019

The court must address and determine preliminary objections before proceeding to the merits of the petition.

Citation
tanzania breweries ltd another vs osca shelukindo others 2019 tzhc 16 3 october 2019
Parties
Petitioner: Tanzania Breweries Ltd; Petitioner: Registered Trustees of TBL Ltd. Employees Share Ownership Trust; Respondent: Oscar Shelukindo & 12 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 October 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
hearing of preliminary objections ordered
Legal Topics
Stay of Proceedings, Preliminary Objections, Certification of Annexures, Affidavit Verification, Defective Title
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Tanzania Breweries Ltd

Petitioner

Registered Trustees of TBL Ltd. Employees Share Ownership Trust

Petitioner

Oscar Shelukindo & 12 Others

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

  1. 1 Whether the petition is incompetent for containing uncertified annexures contrary to Rule 8 of the Arbitration Rules GN No. 427 of 1957
  2. 2 Whether the petition is defective for being preferred under a wrong/defective title contrary to Rule 6 of the Arbitration Rules GN No. 427 of 1957
  3. 3 Whether the petition is incompetent for lack of affidavit verifying the petition

Ratio Decidendi

The court must address and determine preliminary objections before proceeding to the merits of the petition.

Court Disposition

hearing of preliminary objections ordered

Orders

  • Objections to be heard and determined in writing before proceeding to merits.
  • Record to be kept for Civil Case No. 256 of 2017, Misc. Civil Application No. 4 of 2018, and Misc. Civil Application No. 68 of 2018.