in the matter of a petition of widing up of tri telecommunication t ltd vs citibank t ltd 2004 tzhccomd 47 26 july 2004

in the matter of a petition of widing up of tri telecommunication t ltd vs citibank t ltd 2004 tzhccomd 47 26 july 2004

All four preliminary objections raised by the respondents fail as they do not meet the threshold for preliminary objections, do not demonstrate substantial injustice, and are either matters of discretion or require examination of facts. The application is properly before the court, the affidavit defects are not fatal, the court has jurisdiction to entertain contempt proceedings, and pending appeal does not bar hearing or execution.

Citation
in the matter of a petition of widing up of tri telecommunication t ltd vs citibank t ltd 2004 tzhccomd 47 26 july 2004
Parties
Applicant: TRI Telecommunication Tanzania Ltd; 1st Respondent: Citibank Tanzania Limited; 2nd Respondent: Mayank Malik
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 July 2004
Procedural Posture
Commercial Cause (winding Up Petition) / Ruling on Preliminary Objections
Outcome
Preliminary objection dismissed with costs.
Legal Topics
Winding Up, Preliminary Objection, Contempt of Court, Jurisdiction, Affidavit Defects, Misjoinder, Execution Pending Appeal
Source Language
English
Company Law Civil Procedure Insolvency Winding Up Preliminary Objection Contempt of Court Jurisdiction Affidavit Defects +2 more

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Parties

TRI Telecommunication Tanzania Ltd

Applicant

Citibank Tanzania Limited

1st Respondent

Mayank Malik

2nd Respondent

Procedural Posture

Commercial Cause (winding Up Petition) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is properly before the court
  2. 2 Whether the supporting affidavit is incurably defective
  3. 3 Whether the court has jurisdiction to hear and commit for criminal contempt

Ratio Decidendi

All four preliminary objections raised by the respondents fail as they do not meet the threshold for preliminary objections, do not demonstrate substantial injustice, and are either matters of discretion or require examination of facts. The application is properly before the court, the affidavit defects are not fatal, the court has jurisdiction to entertain contempt proceedings, and pending appeal does not bar hearing or execution.

Court Disposition

Preliminary objection dismissed with costs.

Orders

  • The preliminary objection is dismissed with costs.
  • The application to proceed to hearing on merit by written submissions.