20070711 TZHC Dar es Salaam

20070711 TZHC Dar es Salaam

The right to sue for wrong done to property survives the death of the defendant; therefore, the suit does not abate and the plaintiff's right to sue continues.

Citation
20070711 TZHC Dar es Salaam
Parties
Plaintiff: A. A. Al_Jabry; 1st Defendant: Mbaruku; 2nd Defendant: Tanzania Posts Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 July 2007
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Survival of Cause of Action, Wrong to Property, Effect of Party Death on Suit
Source Language
English
Civil Procedure Tort Survival of Cause of Action Wrong to Property Effect of Party Death on Suit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

A. A. Al_Jabry

Plaintiff

Mbaruku

1st Defendant

Tanzania Posts Corporation

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Does the plaintiff's right to sue survive the death of the 1st defendant?

Ratio Decidendi

The right to sue for wrong done to property survives the death of the defendant; therefore, the suit does not abate and the plaintiff's right to sue continues.

Court Disposition

preliminary objection dismissed

Orders

  • Preliminary point of objection fails.
  • Plaintiff's right to sue survives the death of the 1st defendant.