20131231 TZHC Dar es Salaam

20131231 TZHC Dar es Salaam

The grounds raised as preliminary objections are not pure points of law but require proof of facts and therefore cannot dispose of the matter at this stage; the objections are dismissed.

Citation
20131231 TZHC Dar es Salaam
Parties
Applicant: Salvatory Kimboka; Respondent: Kluane Drilling (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 December 2013
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed
Legal Topics
Preliminary Objection, Attachment Before Judgment, Jurisdiction, Affidavit Requirements
Source Language
English
Labour Law Civil Procedure Preliminary Objection Attachment Before Judgment Jurisdiction Affidavit Requirements

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Parties

Salvatory Kimboka

Applicant

Kluane Drilling (T) Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit contains facts not yet determined at CMA
  2. 2 Whether the application is bad in law

Ratio Decidendi

The grounds raised as preliminary objections are not pure points of law but require proof of facts and therefore cannot dispose of the matter at this stage; the objections are dismissed.

Court Disposition

Preliminary objections dismissed

Orders

  • Hearing of the matter to proceed on merits