tristar investment company ltd vs citechem co ltd 2022 tzhccomd 245 15 august 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR-ES-SALAAM COMMERCIAL CASE NO.61 OF 2022 TRISTARS INVESTMENT COMPANY LTD...................PLAINTIFF VERSUS CITECHEM COMPANY LIMITED .............................DEFENDANT Ruling: 15/08/2022 RULING NANGELA, J.: This suit was filed by the Plaintiff on 30 th May 2022. However, the Defendant raised a preliminary point in objection to the continued hearing of this case. In particular, the Defendant raised the following objection: ‘That, this case was filed prematurely before this Court hence, the Court lacks jurisdiction to entertain this matter’. Page 1 of 3 On the 15th August 2022, the parties’ learned advocates appeared before me. The Plaintiff enjoyed the services of the Mr Elia Rioba, learned advocate while Mr Damas Sixstus, learned advocate as well, appeared for the Defendant. In addressing this Court, Mr Rioba submitted that, having noted the preliminary objection, he was of a conceding view that, the matter ought to have gone through the agreed process by the parties, i.e., mediation and arbitration before coming to this Court. He thus, conceded to the objection. For his party, Mr Sixtus submitted that, he was not pressing for costs. In view of the fact that the Plaintiff has conceded to the Preliminary Objection, this Court settles for the following orders: 1. This suit is hereby struck out. The Plaintiff is at liberty to re-file it if the parties so agrees to waive their right to pursue the matter amicably or through arbitration. Page 2 of 3 2. The striking out of this suit is with no orders as to costs. It is so ordered. DATED AT DAR-ES-SALAAM ON THIS 15TH AUGUST 2022 ......................................... DEO JOHN NANGELA JUDGE Page 3 of 3