standard chartered bank others vs vip engineering marketing limited others 2022 tzca 302 7 march 2022

standard chartered bank others vs vip engineering marketing limited others 2022 tzca 302 7 march 2022

The applications for revision were incompetent as they challenged interlocutory orders of the High Court which did not finally determine the rights of the parties, thus barred by section 5(2)(d) of the Appellate Jurisdiction Act. The defects in affidavits were partly sustained but not fatal; the record was sufficient for the specific proceedings sought. The preliminary objection on interlocutory nature sufficed to dispose of the applications.

Citation
standard chartered bank others vs vip engineering marketing limited others 2022 tzca 302 7 march 2022
Parties
Applicant: Standard Chartered Bank; Applicant: Standard Chartered Bank (Hong Kong); Applicant: Wartsila Nederland B.V; Applicant: Wartsila Tanzania Ltd; Respondent: VIP Engineering & Marketing Limited; Necessary Party: Standard Chartered Bank (T) Ltd; Necessary Party: The Joint Liquidators of Mechmar Corporation (Malaysia)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 March 2022
Procedural Posture
Civil Revision Application / Ruling on Preliminary Objections and Disposition of Consolidated Applications
Outcome
Applications struck out as incompetent with costs.
Legal Topics
Revision, Interlocutory Orders, Affidavit Defects, Documentary Evidence, Certification of Record
Source Language
English
Civil Procedure Revision Interlocutory Orders Affidavit Defects Documentary Evidence Certification of Record

Case Brief

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Parties

Standard Chartered Bank

Applicant

Standard Chartered Bank (Hong Kong)

Applicant

Wartsila Nederland B.V

Applicant

Wartsila Tanzania Ltd

Applicant

VIP Engineering & Marketing Limited

Respondent

Standard Chartered Bank (T) Ltd

Necessary Party

The Joint Liquidators of Mechmar Corporation (Malaysia)

Necessary Party

Procedural Posture

Civil Revision Application / Ruling on Preliminary Objections and Disposition of Consolidated Applications

Legal Issues

  1. 1 Whether revision applications against interlocutory orders are maintainable under section 5(2)(d) of the Appellate Jurisdiction Act
  2. 2 Whether affidavits supporting the applications were incurably defective
  3. 3 Whether the record filed was incomplete and uncertified

Ratio Decidendi

The applications for revision were incompetent as they challenged interlocutory orders of the High Court which did not finally determine the rights of the parties, thus barred by section 5(2)(d) of the Appellate Jurisdiction Act. The defects in affidavits were partly sustained but not fatal; the record was sufficient for the specific proceedings sought. The preliminary objection on interlocutory nature sufficed to dispose of the applications.

Court Disposition

Applications struck out as incompetent with costs.

Orders

  • Applications for revision struck out with costs.
  • Matter before the High Court to proceed from the stage it had reached before the filing of these applications.