20050304 TZHC Dar es Salaam2

20050304 TZHC Dar es Salaam2

The plaint discloses a cause of action and the question of liability between the defendants is to be determined at a later stage. The preliminary objection is dismissed as it is not proper to strike out the 2nd defendant at this stage.

Citation
20050304 TZHC Dar es Salaam2
Parties
Plaintiff: Tropical Pesticides Research Institute; Defendant: National Bank (NBC) 1997 Ltd.; Defendant: P.S.R.C.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 2005
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Cause of Action, Joinder of Parties, Preliminary Objection
Source Language
English
Civil Procedure Cause of Action Joinder of Parties Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Tropical Pesticides Research Institute

Plaintiff

National Bank (NBC) 1997 Ltd.

Defendant

P.S.R.C.

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 2nd defendant (PSRC)
  2. 2 Whether the 2nd defendant should be struck out from the proceedings

Ratio Decidendi

The plaint discloses a cause of action and the question of liability between the defendants is to be determined at a later stage. The preliminary objection is dismissed as it is not proper to strike out the 2nd defendant at this stage.

Court Disposition

Preliminary objection dismissed

Orders

  • Each party to bear its own costs