usangu logistics t ltd vs tanzania national road agency ministry of infrastructure development attorney general 2007 tzhccomd 26 9 november 2007

usangu logistics t ltd vs tanzania national road agency ministry of infrastructure development attorney general 2007 tzhccomd 26 9 november 2007

The Commercial Division of the High Court at Dar es Salaam has jurisdiction to hear commercial cases against the government regardless of where the cause of action arose, and the verification of the written statement of defence is not defective; even if it were, such defects are curable and do not warrant striking out the defence.

Citation
usangu logistics t ltd vs tanzania national road agency ministry of infrastructure development attorney general 2007 tzhccomd 26 9 november 2007
Parties
Plaintiff: USANGU LOGISTICS (T) LTD; 1st Defendant: TANZANIA NATIONAL ROAD AGENCY; 2nd Defendant: MINISTRY OF INFRASTRUCTURE DEVELOPMENT; 3rd Defendant: ATTORNEY GENERAL
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 November 2007
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Both preliminary objections dismissed
Legal Topics
Territorial Jurisdiction, Verification of Pleadings, Government Suits, Commercial Division Jurisdiction
Source Language
English
Civil Procedure Government Proceedings Commercial Law Territorial Jurisdiction Verification of Pleadings Government Suits Commercial Division Jurisdiction

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Parties

USANGU LOGISTICS (T) LTD

Plaintiff

TANZANIA NATIONAL ROAD AGENCY

1st Defendant

MINISTRY OF INFRASTRUCTURE DEVELOPMENT

2nd Defendant

ATTORNEY GENERAL

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit was filed in the correct registry and whether the court has territorial jurisdiction
  2. 2 Whether the proceedings are government proceedings
  3. 3 Whether the verification of the written statement of defence was defective

Ratio Decidendi

The Commercial Division of the High Court at Dar es Salaam has jurisdiction to hear commercial cases against the government regardless of where the cause of action arose, and the verification of the written statement of defence is not defective; even if it were, such defects are curable and do not warrant striking out the defence.

Court Disposition

Both preliminary objections dismissed

Orders

  • Both preliminary objections are dismissed
  • Each party shall bear their own costs