in the matter of jivat chandulal lamax dahya yadave in the matter of lamax shoe manufactures ltd another 2007 tzhccomd 62 7 september 2007

in the matter of jivat chandulal lamax dahya yadave in the matter of lamax shoe manufactures ltd another 2007 tzhccomd 62 7 september 2007

The petition is stayed because the matter in issue is directly and substantially in issue in a previously instituted suit pending in the High Court Land Division, and section 8 of the Civil Procedure Act mandates a stay in such circumstances.

Citation
in the matter of jivat chandulal lamax dahya yadave in the matter of lamax shoe manufactures ltd another 2007 tzhccomd 62 7 september 2007
Parties
Petitioner: Jivati Chandulal Yadave; 1st Respondent: Laxman Shoe Manufactures Limited; 2nd Respondent: Registrar of Companies
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 September 2007
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
petition stayed
Legal Topics
Sub Judice, Shareholding Dispute, Directorship Dispute, Rectification of Register
Source Language
English
Civil Procedure Company Law Sub Judice Shareholding Dispute Directorship Dispute Rectification of Register

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Parties

Jivati Chandulal Yadave

Petitioner

Laxman Shoe Manufactures Limited

1st Respondent

Registrar of Companies

2nd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is sub judice due to a pending suit in the High Court Land Division involving the same issues of shareholding and directorship.
  2. 2 Whether the preliminary objection raised is a pure point of law.

Ratio Decidendi

The petition is stayed because the matter in issue is directly and substantially in issue in a previously instituted suit pending in the High Court Land Division, and section 8 of the Civil Procedure Act mandates a stay in such circumstances.

Court Disposition

petition stayed

Orders

  • The petition is stayed pending the outcome of the case filed in the High Court Land Division.