BHARAT PURSHOTTAM AND ANOTHER VS JANDU CONSTRUCTION AND PLUMBERS LIMITED ANOTHER CIVIL CASE NO 185 OF 2022

BHARAT PURSHOTTAM AND ANOTHER VS JANDU CONSTRUCTION AND PLUMBERS LIMITED ANOTHER CIVIL CASE NO 185 OF 2022

The suit is time-barred as the cause of action accrued at the execution of the alleged forged documents and was filed after the three-year limitation period; the power of attorney is defective as it was attested by a notary public not recognized under Tanzanian law; the counterclaim is improperly joined and must be struck out.

Citation
BHARAT PURSHOTTAM AND ANOTHER VS JANDU CONSTRUCTION AND PLUMBERS LIMITED ANOTHER CIVIL CASE NO 185 OF 2022
Parties
1st Plaintiff: Bharat Purshottam Borkhataria (Suing under the constituted Power of Attorney granted by Jaspreet Kaur Jandu); 2nd Plaintiff: Bharat Purshottam Borkhataria (Suing under the constituted Power of Attorney granted by Harshran Kaur Jandu); 1st Defendant: Jandu Construction & Plumbers Limited; 2nd Defendant: Exim Bank (Tanzania) Limited; Counterclaim Plaintiff: Exim Bank (Tanzania) Limited; Counterclaim 1st Defendant: Jandu Construction & Plumbers Limited; Counterclaim 2nd Defendant: Bharat Purshottam Borkhataria (Administrator of the estate of the late Inderjit Singh Jandu); Counterclaim 3rd Defendant: Harshakaran Kaur Jandu; Counterclaim 4th Defendant: Jaspreet Kaur; Counterclaim 5th Defendant: Majinder Kaur Jandu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit dismissed; counterclaim struck out; each party to bear its own costs.
Legal Topics
Limitation of Actions, Power of Attorney, Forgery, Jurisdiction, Counterclaim Procedure
Source Language
English
Civil Procedure Contract Law Tort Law Limitation of Actions Power of Attorney Forgery Jurisdiction Counterclaim Procedure

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Parties

Bharat Purshottam Borkhataria (Suing under the constituted Power of Attorney granted by Jaspreet Kaur Jandu)

1st Plaintiff

Bharat Purshottam Borkhataria (Suing under the constituted Power of Attorney granted by Harshran Kaur Jandu)

2nd Plaintiff

Jandu Construction & Plumbers Limited

1st Defendant

Exim Bank (Tanzania) Limited

2nd Defendant

Exim Bank (Tanzania) Limited

Counterclaim Plaintiff

Jandu Construction & Plumbers Limited

Counterclaim 1st Defendant

Bharat Purshottam Borkhataria (Administrator of the estate of the late Inderjit Singh Jandu)

Counterclaim 2nd Defendant

Harshakaran Kaur Jandu

Counterclaim 3rd Defendant

Jaspreet Kaur

Counterclaim 4th Defendant

Majinder Kaur Jandu

Counterclaim 5th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time-barred under the Law of Limitation Act
  2. 2 Whether the power of attorney is valid under Tanzanian law
  3. 3 Whether the power of attorney authorizes the institution of the suit

Ratio Decidendi

The suit is time-barred as the cause of action accrued at the execution of the alleged forged documents and was filed after the three-year limitation period; the power of attorney is defective as it was attested by a notary public not recognized under Tanzanian law; the counterclaim is improperly joined and must be struck out.

Court Disposition

Suit dismissed; counterclaim struck out; each party to bear its own costs.

Orders

  • Main suit dismissed as time-barred.
  • Counterclaim struck out for improper joinder.