sykes travel agent ltd vs national identification authority another 2019 tzhc 163 19 december 2019

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

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Parties

Sykes Travel Agent Ltd

Plaintiff

National Identification Authority (NIDA)

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil / Preliminary Objection Ruling

  1. 1 Whether the suit is bad in law for non-compliance with section 6(2) of the Government Proceedings Act
  2. 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