rene vogt ta tofco sa another vs tanade parastatal sector another 2003 tzhccomd 36 19 september 2003

rene vogt ta tofco sa another vs tanade parastatal sector another 2003 tzhccomd 36 19 september 2003

No petition for winding up of a specified public corporation can be filed by any person in a court of law once it is under statutory receivership; the second preliminary objection is upheld and the petition is dismissed.

Citation
rene vogt ta tofco sa another vs tanade parastatal sector another 2003 tzhccomd 36 19 september 2003
Parties
Petitioner: Rene Vogt t/a TOFCO SA; Petitioner: Frank L. Marealle; Respondent: TANADE; Respondent: Parastatal Sector Reform Commission
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 September 2003
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Petition dismissed with costs
Legal Topics
Winding Up of Companies, Statutory Receivership, Locus Standi, Procedural Defects
Source Language
English
Company Law Insolvency Law Administrative Law Winding Up of Companies Statutory Receivership Locus Standi Procedural Defects

Case Brief

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Parties

Rene Vogt t/a TOFCO SA

Petitioner

Frank L. Marealle

Petitioner

TANADE

Respondent

Parastatal Sector Reform Commission

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to file an affidavit verifying the petition is fatal to the winding up petition
  2. 2 Whether a winding up petition can be filed against a specified public corporation under statutory receivership
  3. 3 Whether the petitioners have locus standi and a cause of action

Ratio Decidendi

No petition for winding up of a specified public corporation can be filed by any person in a court of law once it is under statutory receivership; the second preliminary objection is upheld and the petition is dismissed.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed with costs to the respondents