in the matter of the companies ordinance and in the matter of prime oceans ltd vs alhussein dhanani 3 others 2003 tzhccomd 13 29 december 2003

in the matter of the companies ordinance and in the matter of prime oceans ltd vs alhussein dhanani 3 others 2003 tzhccomd 13 29 december 2003

The preliminary objections lack merit as the previous case was not finally determined, the petitioner is a contributory with locus standi, and the affidavit is not defective as all matters are within the petitioner's knowledge.

Citation
in the matter of the companies ordinance and in the matter of prime oceans ltd vs alhussein dhanani 3 others 2003 tzhccomd 13 29 december 2003
Parties
Petitioner: Alhussein Dhanani; 1st Respondent: Prime Oceans Limited; 2nd Respondent: Tan Siak Hak; 3rd Respondent: Registrar of Companies
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 December 2003
Procedural Posture
Winding Up Petition / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed with costs
Legal Topics
Winding Up of Companies, Preliminary Objections, Locus Standi, Affidavit Requirements, Res Judicata
Source Language
English
Company Law Civil Procedure Winding Up of Companies Preliminary Objections Locus Standi Affidavit Requirements Res Judicata

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Parties

Alhussein Dhanani

Petitioner

Prime Oceans Limited

1st Respondent

Tan Siak Hak

2nd Respondent

Registrar of Companies

3rd Respondent

Procedural Posture

Winding Up Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition is barred by res judicata due to previous dismissal of a similar suit
  2. 2 Whether the petitioner has locus standi to present the winding up petition
  3. 3 Whether the supporting affidavit is incurably defective

Ratio Decidendi

The preliminary objections lack merit as the previous case was not finally determined, the petitioner is a contributory with locus standi, and the affidavit is not defective as all matters are within the petitioner's knowledge.

Court Disposition

preliminary objections dismissed with costs

Orders

  • Objection dismissed with costs.