01/09 Tanzania v. Cimexpan & 2 Others
In the Southern African Development Community (SADC) Tribunal Windhoek, Namibia
In the Matter Between
The United Republic of Tanzania - Applicant
And
Cimexpan (Mauritius) LTD - 1st Respondent
Cimexpan (Zanzibar) LTD - 2nd Respondent
Ajaye Jogoo - 3rd Respondent
Coram:
H.E. Justice A. G. Pillay - President
H.E. Justice I. J. Mtambo, SC - Member
H.E. Justice Dr. L. A. Mondlane - Member
H.E. Dr. R. Kambovo - Member
H.E. Dr. O. B. Tshosa - Member
M. Kamba - Applicant's Agent
A. Jogoo - Respondents' Agent
Hon. Justice M.C.C. Mkandawire - Registrar
D. Shivangulula - Court Clerk
Ruling
Delivered by H. E. Justice Luis A. Mondlane
The present application (preliminary objection) is brought by the Respondent in the main case, the United
Republic of Tanzania, hereinafter referred to as the Applicant against the Applicants, Cimexpan (Mauritius)
LTD, Cimexpan (Zanzibar) LTD and Ajaye Jogoo, from now on referred to as the Respondents. The
application is brought under Rules 33 and 67 of the Rules of Procedure of the Southern African
Development Community (SADC) Tribunal (the Rules). According to Rule 33, an application shall state,
inter alia particulars of the Applicant, the nature of the claim, together with a succinct statement of facts and
the relief or order sought by the Applicant. It is essential to the matter at hand to refer to Rule 67 (1) which
stipulates as follows:
"1. A party to the proceedings may apply to the Tribunal on a preliminary objection or preliminary plea not
going to the substance of the case (...)".
It is clear from the abovementioned provision that once a preliminary objection is raised, the substance of
the case may only be considered after the Tribunal has examined the application pertaining to the
preliminary objection.
We now refer to the relief sought before the Tribunal in the main action by the Respondents. The
Respondents instituted proceedings against the Applicant in order to have the deportation order made
against the third Respondent rescinded.
As a result of a memorandum of understanding which the Government of Mauritius had entered into with
the Government of Zanzibar, the third Respondent who is the Director of Cimexpan (Mauritius) LTD (the
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