20080528 TZHC Dar es Salaam

20080528 TZHC Dar es Salaam

The requirements of the Bankruptcy Act and its rules regarding proof of debt by affidavit do not apply to specified public corporations that are not undergoing liquidation but are being restructured or privatized. The Companies (Winding up) Rules, 1929 are only applicable during liquidation. The preliminary objections raised by the 2nd defendant lack merit and are dismissed.

Citation
20080528 TZHC Dar es Salaam
Parties
Plaintiff: Tropical Commodities Ltd; 1st Defendant: The Cashew Nut Board of Tanzania; 2nd Defendant: The Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2008
Procedural Posture
Commercial / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Jurisdiction, Preliminary Objection, Bankruptcy Act, Companies Act, Official Receiver, Liquidation, Privatization
Source Language
English
Commercial Law Insolvency Law Corporate Law Jurisdiction Preliminary Objection Bankruptcy Act Companies Act Official Receiver +2 more

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Parties

Tropical Commodities Ltd

Plaintiff

The Cashew Nut Board of Tanzania

1st Defendant

The Presidential Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Commercial / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit against the 2nd defendant is premature or has abated for want of compliance with Section 37 of the Bankruptcy Act and related rules
  2. 2 Whether the Court lacks original jurisdiction to entertain and determine the matter
  3. 3 Whether any cause of action has been disclosed against the 2nd defendant

Ratio Decidendi

The requirements of the Bankruptcy Act and its rules regarding proof of debt by affidavit do not apply to specified public corporations that are not undergoing liquidation but are being restructured or privatized. The Companies (Winding up) Rules, 1929 are only applicable during liquidation. The preliminary objections raised by the 2nd defendant lack merit and are dismissed.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • The preliminary objections raised by the 2nd defendant are dismissed with costs.