Misc

The court held that the intention to join the Registrar of Companies as a party constitutes sufficient reason to allow withdrawal of the petition with liberty to refile. Since the issue of non-joinder was raised by the court suo-motto and not by the respondents, no order as to costs is warranted.

Citation: Misc
Parties: Petitioner: Keven Andy Stander; 1st Respondent: Yasmine Carrine Haji; 2nd Respondent: Intrinsic Synergies Tanzania Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Miscellaneous Civil Application / Application for Withdrawal With Liberty to Refile
Outcome: Application withdrawn with liberty to refile; no order as to costs.
Legal Topics: Restoration of Shareholding, Non Joinder of Necessary Party, Withdrawal of Petition, Costs
Source Language: English

Company Law Civil Procedure Restoration of Shareholding Non Joinder of Necessary Party Withdrawal of Petition Costs

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Parties

Keven Andy Stander

Petitioner

Yasmine Carrine Haji

1st Respondent

Intrinsic Synergies Tanzania Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Withdrawal With Liberty to Refile

Legal Issues

1 Whether the petitioner should be allowed to withdraw the petition with liberty to refile to join the Registrar of Companies as a necessary party
2 Whether costs should be awarded to the respondents upon withdrawal

Ratio Decidendi

Court Disposition

Application withdrawn with liberty to refile; no order as to costs.

Orders

The application is marked withdrawn with liberty to refile under Order XXIII Rule 1(2)(a) of Civil Procedure Code Cap. 33 R.E. 2019.
No order as to costs; each party to bear their own costs.