20051208 TZHC Dar es Salaam

20051208 TZHC Dar es Salaam

The preliminary objections are dismissed because the issues of subrogation and notice of assignment require evidence, the winding-up rules do not apply as the claim is not provable in bankruptcy and the defendant is not declared bankrupt, and the plaint discloses a cause of action.

Citation
20051208 TZHC Dar es Salaam
Parties
Plaintiff: Alliance Insurance Corporation & Another; Defendant: NIC; Defendant: Gulamabus A. Shabir; Defendant: PSRC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2005
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Preliminary Objection, Subrogation, Assignment of Claims, Cause of Action, Winding Up Rules
Source Language
English
Civil Procedure Insurance Law Preliminary Objection Subrogation Assignment of Claims Cause of Action Winding Up Rules

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Alliance Insurance Corporation & Another

Plaintiff

NIC

Defendant

Gulamabus A. Shabir

Defendant

PSRC

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether plaintiffs have a right of action under subrogation against the 1st defendant
  2. 2 Whether notice of assignment was required and given before suit
  3. 3 Whether the suit is premature under Companies (winding-up) Rules, 1929

Ratio Decidendi

The preliminary objections are dismissed because the issues of subrogation and notice of assignment require evidence, the winding-up rules do not apply as the claim is not provable in bankruptcy and the defendant is not declared bankrupt, and the plaint discloses a cause of action.

Court Disposition

Preliminary objections dismissed

Orders

  • Preliminary objections of 1st and 3rd defendants dismissed
  • Costs to be in the main cause