wellworth hotels and lodges ltd vs east africa canvas co ltd and others 2020 tzhccomd 2047 22 september 2020

wellworth hotels and lodges ltd vs east africa canvas co ltd and others 2020 tzhccomd 2047 22 september 2020

The Court held that the preliminary objection filed by the Applicant will be put on hold until the earlier preliminary objections filed by the Respondents are heard and determined.

Citation
wellworth hotels and lodges ltd vs east africa canvas co ltd and others 2020 tzhccomd 2047 22 september 2020
Parties
Applicant: Wellworth Hotels and Lodges Ltd; 1st Respondent: East Africa Canvans Company Ltd; 2nd Respondent: Stirling Arving Horseley; 3rd Respondent: Robert James Flowers; 4th Respondent: Gary McIntyre; 5th Respondent: Eco-Steel Africa Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
22 September 2020
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objections
Outcome
Preliminary objection by Applicant put on hold; Respondents' preliminary objections to be heard first.
Legal Topics
Preliminary Objection, Order of Hearing, Civil Procedure Code Application
Source Language
English
Civil Procedure Commercial Law Preliminary Objection Order of Hearing Civil Procedure Code Application

Case Brief

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Parties

Wellworth Hotels and Lodges Ltd

Applicant

East Africa Canvans Company Ltd

1st Respondent

Stirling Arving Horseley

2nd Respondent

Robert James Flowers

3rd Respondent

Gary McIntyre

4th Respondent

Eco-Steel Africa Ltd

5th Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether a party can raise a preliminary objection after another preliminary objection has already been raised and is pending determination

Ratio Decidendi

The Court held that the preliminary objection filed by the Applicant will be put on hold until the earlier preliminary objections filed by the Respondents are heard and determined.

Court Disposition

Preliminary objection by Applicant put on hold; Respondents' preliminary objections to be heard first.

Orders

  • Applicant's preliminary objection is stayed pending determination of Respondents' preliminary objections.
  • Matter to proceed on that basis.