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Tanzania Case Law

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Civil procedure maheshkumar raojibhai patel vs karim shamshuddin suleman 2016 tzhccomd 15 18 february 2016

maheshkumar raojibhai patel vs karim shamshuddin suleman 2016 tzhccomd 15 18 february 2016

Court
TZHCCOMD

The preliminary objections raised require factual determination and do not qualify as pure points of law; courts in Tanzania can grant relief in foreign currency; the plaint sufficiently discloses jurisdiction; amendment to pre-empt a preliminary objection is not permissible.

Source excerpt

  • Jurisdiction
  • Foreign currency claims
  • Enforceability of foreign law contracts
  • Locus standi
  • Company law
  • Preliminary objection procedure
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Civil procedure MAHESHKUMAR RAOJIBHAI PATEL VS KARIM SHAMSHUDDIN SULEMAN COMM CASE NO

MAHESHKUMAR RAOJIBHAI PATEL VS KARIM SHAMSHUDDIN SULEMAN COMM CASE NO

Court
TANZLII

Points of preliminary objection requiring factual proof or going to the merits of the case cannot be entertained as preliminary objections. The court is not limited to granting reliefs only in Tanzanian Shillings, as current jurisprudence allows judgments in foreign currency. The plaint, when read as a whole, sufficiently discloses facts showing jurisdiction. Amendment to pre-empt a preliminary objection is not permissible.

Source excerpt

  • Jurisdiction
  • Foreign currency claims
  • Enforceability of foreign law contracts
  • Locus standi
  • Preliminary objection procedure
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.