tanzania telecommunication co ltd others vs tanzania communications commission 2005 tzca 45 2 september 200

tanzania telecommunication co ltd others vs tanzania communications commission 2005 tzca 45 2 september 200

The preliminary objection is dismissed because it raises matters not canvassed before the single Justice of Appeal; a reference cannot be struck out on grounds not previously raised.

Citation
tanzania telecommunication co ltd others vs tanzania communications commission 2005 tzca 45 2 september 200
Parties
Appellant: Tri-Telecommunication Tz. Ltd; Respondent: Tanzania Telecommunication Co. Ltd; Respondent: Tanzania Revenue Authority; Respondent: Tanzania Communications Commission; Respondent: VIP Engineering and Marketing Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Reference / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Reference Proceedings, Preliminary Objection, Legal Capacity of Company in Liquidation, Rectification of Court Record
Source Language
English
Civil Procedure Company Law Reference Proceedings Preliminary Objection Legal Capacity of Company in Liquidation Rectification of Court Record

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Parties

Tri-Telecommunication Tz. Ltd

Appellant

Tanzania Telecommunication Co. Ltd

Respondent

Tanzania Revenue Authority

Respondent

Tanzania Communications Commission

Respondent

VIP Engineering and Marketing Ltd

Respondent

Procedural Posture

Civil Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection regarding the legal capacity of the appellant after liquidation is valid in this reference
  2. 2 Whether the single Justice of Appeal erred in striking out the notice of appeal due to an error in the date of the ruling

Ratio Decidendi

The preliminary objection is dismissed because it raises matters not canvassed before the single Justice of Appeal; a reference cannot be struck out on grounds not previously raised.

Court Disposition

preliminary objection dismissed

Orders

  • Preliminary objection dismissed with costs