adili bancorp vs kewal 2009 tzhc 1 28 april 2009

The suit abates against the deceased defendant as no application to substitute a legal representative was made within the statutory period of 90 days after the defendant's death.

Citation: adili bancorp vs kewal 2009 tzhc 1 28 april 2009
Parties: Plaintiff: 1st Adili Bancorp Ltd; Defendant: David R. Kewal
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 April 2009
Procedural Posture: Civil / Order on Abatement Due to Death of Defendant and Failure to Substitute Legal Representative
Outcome: Suit abated against the deceased defendant
Legal Topics: Abatement of Suit, Substitution of Legal Representative, Death of Party
Source Language: English

Civil Procedure Abatement of Suit Substitution of Legal Representative Death of Party

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Parties

1st Adili Bancorp Ltd

Plaintiff

David R. Kewal

Defendant

Procedural Posture

Civil / Order on Abatement Due to Death of Defendant and Failure to Substitute Legal Representative

Legal Issues

1 Whether the suit should abate due to failure to substitute the legal representative of the deceased defendant within the prescribed time

Ratio Decidendi

The suit abates against the deceased defendant as no application to substitute a legal representative was made within the statutory period of 90 days after the defendant's death.

Court Disposition

Suit abated against the deceased defendant

Orders

Suit abated against the deceased defendant due to failure to substitute legal representative within the prescribed period