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
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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
Legal Issues
- 1 Whether the petition is incompetent for containing uncertified annexures contrary to Rule 8 of the Arbitration Rules GN No. 427 of 1957
- 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 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.
Full Case Text
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