sykes travel agent ltd vs national identification authority another 2019 tzhc 163 19 december 2019
The preliminary objection fails as it requires proof of facts regarding service of the ninety days notice, which is not a pure point of law.
- Citation
- sykes travel agent ltd vs national identification authority another 2019 tzhc 163 19 december 2019
- Parties
- Plaintiff: Sykes Travel Agent Ltd; 1st Defendant: National Identification Authority (NIDA); 2nd Defendant: The Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 December 2019
- Procedural Posture
- Civil / Preliminary Objection Ruling
- Outcome
- preliminary objection dismissed
- Legal Topics
- Preliminary Objection, Government Proceedings Notice, Verification of Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Parties
Sykes Travel Agent Ltd
Plaintiff
National Identification Authority (NIDA)
1st Defendant
The Attorney General
2nd Defendant
Procedural Posture
Civil / Preliminary Objection Ruling
Legal Issues
- 1 Whether the suit is bad in law for non-compliance with section 6(2) of the Government Proceedings Act
- 2 Whether the verification is defective contrary to Order VI Rule 15(2) of the Civil Procedure Code
Ratio Decidendi
The preliminary objection fails as it requires proof of facts regarding service of the ninety days notice, which is not a pure point of law.
Court Disposition
preliminary objection dismissed
Orders
- Objection dismissed
- Substantive suit to be heard on merits
Full Case Text
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