kabushiki kaisha hitachi seisakusho dba hitachi ltd vs dick alex shayo 2007 tzhccomd 66 31 may 2007

kabushiki kaisha hitachi seisakusho dba hitachi ltd vs dick alex shayo 2007 tzhccomd 66 31 may 2007

The preliminary objections to the suit fail because the issues raised require evidence and do not meet the standard for preliminary objections. The preliminary objections to the affidavit supporting the injunction application succeed in part: the unsigned verification clause and argumentative paragraphs render the affidavit defective, but these defects are curable by amendment within 7 days.

Citation
kabushiki kaisha hitachi seisakusho dba hitachi ltd vs dick alex shayo 2007 tzhccomd 66 31 may 2007
Parties
Plaintiff/applicant: Kabushiki Kaisha Hitachi Seisakusho (d/b/a Hitachi, Ltd); Defendant/respondent: Dick Alex Shayo
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 May 2007
Procedural Posture
Commercial Case / Ruling on Preliminary Objections to Suit and Application for Temporary Injunction
Outcome
Defendant's preliminary objections to the suit dismissed; preliminary objections to the affidavit supporting the injunction application upheld in part.
Legal Topics
Trade Mark Infringement, Preliminary Objection, Affidavit Requirements, Board Resolution, Cause of Action
Source Language
English
Intellectual Property Civil Procedure Company Law Trade Mark Infringement Preliminary Objection Affidavit Requirements Board Resolution Cause of Action

Case Brief

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Parties

Kabushiki Kaisha Hitachi Seisakusho (d/b/a Hitachi, Ltd)

Plaintiff/applicant

Dick Alex Shayo

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objections to Suit and Application for Temporary Injunction

Legal Issues

  1. 1 Whether the suit is incompetent for lack of board resolution
  2. 2 Whether the plaint was improperly signed or authorized
  3. 3 Whether the plaint discloses a cause of action

Ratio Decidendi

The preliminary objections to the suit fail because the issues raised require evidence and do not meet the standard for preliminary objections. The preliminary objections to the affidavit supporting the injunction application succeed in part: the unsigned verification clause and argumentative paragraphs render the affidavit defective, but these defects are curable by amendment within 7 days.

Court Disposition

Defendant's preliminary objections to the suit dismissed; preliminary objections to the affidavit supporting the injunction application upheld in part.

Orders

  • Affidavit to be returned to the Applicant for amendment within 7 days; if not amended, affidavit and application to be struck out.
  • No order as to costs.