the adventists development relief agency vs darswed export trading service co ltd another 2011 tzhccomd 2110 3 june 2011
The preliminary objections require the court to consider evidence and are not pure points of law; therefore, they cannot be determined at this stage and must be overruled.
- Citation
- the adventists development relief agency vs darswed export trading service co ltd another 2011 tzhccomd 2110 3 june 2011
- Parties
- Plaintiff: The Adventists Development Relief Agency; 1st Defendant: Darswed Export Trading Services Co Ltd; 2nd Defendant: Jeremiah M. Shange
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 3 June 2011
- Procedural Posture
- Commercial Case / Ruling on Preliminary Objection
- Outcome
- preliminary objections overruled with costs
- Legal Topics
- Preliminary Objection, Locus Standi, Cause of Action, Corporate Veil
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Adventists Development Relief Agency
Plaintiff
Darswed Export Trading Services Co Ltd
1st Defendant
Jeremiah M. Shange
2nd Defendant
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the plaintiff has mandate to institute the suit
- 2 Whether the suit is erroneously instituted against the second defendant
Ratio Decidendi
The preliminary objections require the court to consider evidence and are not pure points of law; therefore, they cannot be determined at this stage and must be overruled.
Court Disposition
preliminary objections overruled with costs
Orders
- Suit to proceed to hearing on a date to be fixed
Full Case Text
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