adili bancorp vs david r kewal 2009 tzhc 244 28 april 2009

The suit abates against the deceased defendant as no application for substitution of a legal representative was made within the statutory period after the defendant's death.

Citation: adili bancorp vs david r kewal 2009 tzhc 244 28 april 2009
Parties: Plaintiff: Adili Bancorp; Defendant: David R. Kewal
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 April 2009
Procedural Posture: Civil Case / Order on Abatement Due to Death of Sole Defendant
Outcome: Suit abated against the defendant
Legal Topics: Abatement of Suit, Substitution of Legal Representative, Death of Party
Source Language: English

Civil Procedure Abatement of Suit Substitution of Legal Representative Death of Party

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Parties

Adili Bancorp

Plaintiff

David R. Kewal

Defendant

Procedural Posture

Civil Case / Order on Abatement Due to Death of Sole Defendant

Legal Issues

1 Whether the suit can proceed after the death of the sole defendant without substitution of a legal representative

Ratio Decidendi

The suit abates against the deceased defendant as no application for substitution of a legal representative was made within the statutory period after the defendant's death.

Court Disposition

Suit abated against the defendant

Orders

Suit abated in terms of Order XXII Rule 4(3)