millenium business park ltd vs mture educational publisher ltd 2011 tzhccomd 2101 12 september 2011

millenium business park ltd vs mture educational publisher ltd 2011 tzhccomd 2101 12 september 2011

The preliminary objections raised do not go to the root of the application and are curable irregularities; they do not warrant striking out the application. The objections are dismissed with costs.

Citation
millenium business park ltd vs mture educational publisher ltd 2011 tzhccomd 2101 12 september 2011
Parties
Plaintiff/respondent: Millenium Business Park Limited; Defendant/applicant: Mture Educational Publishers Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 September 2011
Procedural Posture
Chamber Application (preliminary Objection in Summary Suit) / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed with costs
Legal Topics
Preliminary Objection, Defective Pleadings, Citation of Enabling Provisions, Verification of Affidavit, Advocates Act Compliance
Source Language
English
Civil Procedure Preliminary Objection Defective Pleadings Citation of Enabling Provisions Verification of Affidavit Advocates Act Compliance

Case Brief

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Parties

Millenium Business Park Limited

Plaintiff/respondent

Mture Educational Publishers Limited

Defendant/applicant

Procedural Posture

Chamber Application (preliminary Objection in Summary Suit) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether wrong citation of enabling provisions renders the application incompetent
  2. 2 Whether the application is fatally defective for being drawn contrary to the Advocates Act
  3. 3 Whether the affidavit is defective for lack of proper verification clause

Ratio Decidendi

The preliminary objections raised do not go to the root of the application and are curable irregularities; they do not warrant striking out the application. The objections are dismissed with costs.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • Preliminary objections dismissed
  • Costs awarded to the applicant