st john university of tanzania vs jeffery industry saini ltd 2020 tzhccomd 1979 27 august 2020

st john university of tanzania vs jeffery industry saini ltd 2020 tzhccomd 1979 27 august 2020

The omission to specify the sub-rule of Order XXI rule 57 CPC did not render the application incompetent, as the main rule covers the application and the overriding objective principle requires courts to disregard minor technicalities in favor of substantive justice.

Citation
st john university of tanzania vs jeffery industry saini ltd 2020 tzhccomd 1979 27 august 2020
Parties
Applicant: St. John University of Tanzania; 1st Respondent: Jeffery Industry Saini Limited; 2nd Respondent: St John University of Tanzania- St. Marks College Teaching Centre
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 August 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Execution Proceedings, Garnishee Orders, Preliminary Objections, Citation of Enabling Provisions
Source Language
English
Civil Procedure Commercial Law Execution Proceedings Garnishee Orders Preliminary Objections Citation of Enabling Provisions

Case Brief

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Parties

St. John University of Tanzania

Applicant

Jeffery Industry Saini Limited

1st Respondent

St John University of Tanzania- St. Marks College Teaching Centre

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether omission of specific sub-rules in the application renders it incompetent
  2. 2 Whether Order XXI rule 59 was wrongly cited and makes the application incompetent

Ratio Decidendi

The omission to specify the sub-rule of Order XXI rule 57 CPC did not render the application incompetent, as the main rule covers the application and the overriding objective principle requires courts to disregard minor technicalities in favor of substantive justice.

Court Disposition

Preliminary objection overruled

Orders

  • Applicant granted leave to amend the application by specifically mentioning the relevant sub-rules under rule 57 of Order XXI CPC