19970114 TZHC Dar es Salaam

19970114 TZHC Dar es Salaam

The plaintiff company, Intertec East Africa A/S, did not legally exist in Denmark and therefore had no locus standi or place of business in Tanzania. The lawful owner of the property was Intertec East Africa APS, and the defendant was a lawful tenant, not a trespasser. No relief could be granted to the plaintiff, and the suit failed.

Citation
19970114 TZHC Dar es Salaam
Parties
Plaintiff: Intertec East Africa A/S Ltd; Defendant: B & S International
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 January 1997
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed
Legal Topics
Locus Standi, Foreign Company Registration, Tenancy, Ownership of Immovable Property, Rectification of Company Records
Source Language
English
Company Law Property Law Civil Procedure Locus Standi Foreign Company Registration Tenancy Ownership of Immovable Property Rectification of Company Records

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Parties

Intertec East Africa A/S Ltd

Plaintiff

B & S International

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff company has a place of business in Tanzania
  2. 2 Whether the plaintiff company has locus standi in these proceedings
  3. 3 Whether authority of the Board of Directors was necessary before institution of proceedings

Ratio Decidendi

The plaintiff company, Intertec East Africa A/S, did not legally exist in Denmark and therefore had no locus standi or place of business in Tanzania. The lawful owner of the property was Intertec East Africa APS, and the defendant was a lawful tenant, not a trespasser. No relief could be granted to the plaintiff, and the suit failed.

Court Disposition

Suit dismissed

Orders

  • Plaintiff's suit is dismissed for lack of locus standi and legal existence.
  • Costs to follow the event.