20070000 TZCA Dar es Salaam

All preliminary objections lacked merit; there is no requirement to include an order embodying the decision of a single judge in a reference; Rule 57(1)(b) applies to ordinary civil matters; the proper order for an incompetent application is to strike it out, not dismiss it.

Citation: 20070000 TZCA Dar es Salaam
Parties: Applicant: VIP Engineering and Marketing Ltd; 1st Respondent: SGS Societe Generale De Surveillance S.A; 2nd Respondent: SGS Tanzania Superintendence Company Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 21 December 2006
Procedural Posture: Civil Reference / Reference From Single Judge's Ruling
Outcome: Reference allowed
Legal Topics: Reference From Single Judge, Preliminary Objections, Striking Out Vs Dismissal of Applications
Source Language: English

Civil Procedure Reference From Single Judge Preliminary Objections Striking Out Vs Dismissal of Applications

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

VIP Engineering and Marketing Ltd

Applicant

SGS Societe Generale De Surveillance S.A

1st Respondent

SGS Tanzania Superintendence Company Ltd

2nd Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Ruling

Legal Issues

1 Whether failure to include an order embodying the decision of a single judge renders a reference incompetent
2 Whether non-citation or mis-citation of rules renders the application incompetent
3 Whether the application should have been struck out or dismissed

Ratio Decidendi

Court Disposition

Reference allowed

Orders

Order of dismissal by single judge is varied and substituted with an order striking out the application
Respondents to pay costs