20070418 TZHC Dar es Salaam

20070418 TZHC Dar es Salaam

The first preliminary objection fails as the 2nd defendant, being the Receiver Manager, must be joined. The second objection is partly upheld as the verification clause is defective, but the defect can be remedied by allowing amendment under Order VI Rule 17.

Citation
20070418 TZHC Dar es Salaam
Parties
Plaintiff: Shantilal Kanji Kotecha; 1st Defendant: National Insurance Corporation of Tanzania Limited; 2nd Defendant: Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 April 2007
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection partly upheld and partly dismissed
Legal Topics
Verification of Pleadings, Receiver Manager, Preliminary Objection
Source Language
English
Civil Procedure Verification of Pleadings Receiver Manager Preliminary Objection

Case Brief

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Parties

Shantilal Kanji Kotecha

Plaintiff

National Insurance Corporation of Tanzania Limited

1st Defendant

Presidential Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has a cause of action against the 2nd defendant
  2. 2 Whether the verification clause of the plaint complies with Order VI Rule 15(3) of the Civil Procedure Code 1966

Ratio Decidendi

The first preliminary objection fails as the 2nd defendant, being the Receiver Manager, must be joined. The second objection is partly upheld as the verification clause is defective, but the defect can be remedied by allowing amendment under Order VI Rule 17.

Court Disposition

Preliminary objection partly upheld and partly dismissed

Orders

  • First preliminary objection dismissed
  • Second preliminary objection partly upheld