UDA RAPID TRANSIT PUBLIC LTD CO VS DAR RAPID TRANSIT AGENCY MISC

UDA RAPID TRANSIT PUBLIC LTD CO VS DAR RAPID TRANSIT AGENCY MISC

The court found itself functus officio regarding the injunctive relief sought, as a previous application for similar relief was struck out for lack of jurisdiction, thereby finally disposing of the issue. The objections regarding omnibus prayers and improper citation of enabling provisions were overruled, but the application was struck out for being barred by functus officio.

Citation
UDA RAPID TRANSIT PUBLIC LTD CO VS DAR RAPID TRANSIT AGENCY MISC
Parties
Applicant: UDA Rapid Transit Public Ltd Company; Applicant: Shirika la Usafiri Dar es Salaam Ltd; Respondent: Dar Rapid Transit Agency
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Application struck out for being barred by functus officio.
Legal Topics
Temporary Injunctions, Functus Officio, Omnibus Applications, Jurisdiction, Procurement Law
Source Language
English
Civil Procedure Commercial Law Temporary Injunctions Functus Officio Omnibus Applications Jurisdiction Procurement Law

Case Brief

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Parties

UDA Rapid Transit Public Ltd Company

Applicant

Shirika la Usafiri Dar es Salaam Ltd

Applicant

Dar Rapid Transit Agency

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is barred by functus officio
  2. 2 Whether the application is defective for omnibus prayers
  3. 3 Whether the application cites proper enabling provisions

Ratio Decidendi

The court found itself functus officio regarding the injunctive relief sought, as a previous application for similar relief was struck out for lack of jurisdiction, thereby finally disposing of the issue. The objections regarding omnibus prayers and improper citation of enabling provisions were overruled, but the application was struck out for being barred by functus officio.

Court Disposition

Application struck out for being barred by functus officio.

Orders

  • Miscellaneous Commercial Application No. 81 of 2018 struck out.
  • Costs will be in the cause.