20120910 TZHC Dar es Salaam
All five preliminary objections fail as they do not raise pure points of law; some require evidence or factual ascertainment, and the application is properly before the court except for an irrelevant citation which does not vitiate the application.
- Citation
- 20120910 TZHC Dar es Salaam
- Parties
- Applicant: PAN Construction Co. Ltd; Respondent: Chawe Transport Import & Export Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 September 2012
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- All preliminary objections overruled; application to proceed on merits.
- Legal Topics
- Preliminary Objection, Extension of Time, Affidavit Defects, Jurisdiction, Proper Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
PAN Construction Co. Ltd
Applicant
Chawe Transport Import & Export Co. Ltd
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is time-barred and an abuse of process
- 2 Whether the application is overtaken by events and frivolous
- 3 Whether the supporting affidavits are incurably defective for want of Board authority
Ratio Decidendi
All five preliminary objections fail as they do not raise pure points of law; some require evidence or factual ascertainment, and the application is properly before the court except for an irrelevant citation which does not vitiate the application.
Court Disposition
All preliminary objections overruled; application to proceed on merits.
Orders
- Application to proceed for hearing on merits
- Costs in the course
Full Case Text
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