20130906 TZHC Dar es Salaam

20130906 TZHC Dar es Salaam

The suit is not time barred as the cause of action arose in June 2009 when the plaintiff discovered the fraudulent account, and the suit was filed within the six-year limitation period. The plaint substantially complies with Order VII Rule 1(e) as the facts constituting the cause of action are stated, and strict compliance with stating the exact date is not mandatory.

Citation
20130906 TZHC Dar es Salaam
Parties
Plaintiff: M/S Ndihesi Enterprises Limited; 1st Defendant: Exim Bank (Tanzania) Limited; 2nd Defendant: Ayubu E. Haule; 3rd Defendant: Guydon A. Lukuwi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2013
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed with costs
Legal Topics
Limitation of Actions, Pleading Requirements, Fraud, Bank Account Mandate
Source Language
English
Civil Procedure Banking Law Company Law Limitation of Actions Pleading Requirements Fraud Bank Account Mandate

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Parties

M/S Ndihesi Enterprises Limited

Plaintiff

Exim Bank (Tanzania) Limited

1st Defendant

Ayubu E. Haule

2nd Defendant

Guydon A. Lukuwi

3rd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaint complies with Order VII Rule 1(e) of the Civil Procedure Code

Ratio Decidendi

The suit is not time barred as the cause of action arose in June 2009 when the plaintiff discovered the fraudulent account, and the suit was filed within the six-year limitation period. The plaint substantially complies with Order VII Rule 1(e) as the facts constituting the cause of action are stated, and strict compliance with stating the exact date is not mandatory.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • The 1st defendant's preliminary points of objection are dismissed with costs.