sino logistics co ltd vs freco equipment 2021 tzhccomd 3340 23 september 2021

sino logistics co ltd vs freco equipment 2021 tzhccomd 3340 23 september 2021

The preliminary objections raised by the Defendant were not pure points of law but involved issues of fact and matters requiring evidence, and thus could not be determined as preliminary objections. Such matters should be dealt with during the normal course of proceedings.

Citation
sino logistics co ltd vs freco equipment 2021 tzhccomd 3340 23 september 2021
Parties
Plaintiff: Sino Logistics Co. Ltd; Defendant: Freco Equipment
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 September 2021
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Preliminary Objection, Admissibility of Evidence, Witness Statements, Court Procedure
Source Language
English
Civil Procedure Commercial Law Preliminary Objection Admissibility of Evidence Witness Statements Court Procedure

Case Brief

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Parties

Sino Logistics Co. Ltd

Plaintiff

Freco Equipment

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objections raised by the Defendant are pure points of law suitable for determination at this stage
  2. 2 Whether the Plaintiff's list of additional documents, notice to rely on secondary evidence, and certificate of authenticity are incurably defective for want of attachment
  3. 3 Whether the Plaintiff's sole witness statement contravenes mandatory provisions of the High Court (Commercial Division) Procedure Rules

Ratio Decidendi

The preliminary objections raised by the Defendant were not pure points of law but involved issues of fact and matters requiring evidence, and thus could not be determined as preliminary objections. Such matters should be dealt with during the normal course of proceedings.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • The preliminary objections are dismissed with costs.