LAND CASE 363 OF 2023
A counterclaim filed by a company without a board resolution is incompetent and must be struck out, as the board resolution is a mandatory legal requirement for instituting proceedings in the company's name.
- Citation
- LAND CASE 363 OF 2023
- Parties
- Plaintiff / Defendant in Counterclaim: Hilde Happy Lyimo; Defendant / Plaintiff in Counterclaim: Gingo Real Estate Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Land Case / Ruling on Preliminary Objection to Counterclaim
- Outcome
- Preliminary objection upheld; counterclaim struck out with costs.
- Legal Topics
- Board Resolution Requirement, Counterclaim Competence, Company Authorization, Written Submissions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hilde Happy Lyimo
Plaintiff / Defendant in Counterclaim
Gingo Real Estate Ltd
Defendant / Plaintiff in Counterclaim
Procedural Posture
Land Case / Ruling on Preliminary Objection to Counterclaim
Legal Issues
- 1 Whether a counterclaim filed by a company without a board resolution is competent before the court
Ratio Decidendi
A counterclaim filed by a company without a board resolution is incompetent and must be struck out, as the board resolution is a mandatory legal requirement for instituting proceedings in the company's name.
Court Disposition
Preliminary objection upheld; counterclaim struck out with costs.
Orders
- Counterclaim struck out for want of board resolution.
- Costs awarded to the Plaintiff/Defendant in counterclaim.
Full Case Text
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