advert international t ltd vs national insurance corporation of t ltd another 2004 tzhccomd 54 5 august 2004

advert international t ltd vs national insurance corporation of t ltd another 2004 tzhccomd 54 5 august 2004

Leave of the court is required to sue a public corporation under official receivership, but not to sue the Official Receiver itself.

Citation
advert international t ltd vs national insurance corporation of t ltd another 2004 tzhccomd 54 5 august 2004
Parties
Applicant: Advert International (T) Ltd; 1st Respondent: National Insurance Corporation of Tanzania Limited; 2nd Respondent: Presidential Parastatal Sector Reform Commission
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 August 2004
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to Sue
Outcome
Application granted in part
Legal Topics
Leave to Sue, Official Receiver, Public Corporation, Bankruptcy
Source Language
English

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Parties

Advert International (T) Ltd

Applicant

National Insurance Corporation of Tanzania Limited

1st Respondent

Presidential Parastatal Sector Reform Commission

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Leave to Sue

  1. 1 Whether leave of the court is required to sue the 1st Respondent under Official Receivership
  2. 2 Whether leave is necessary to sue the 2nd Respondent as Official Receiver

Ratio Decidendi

Leave of the court is required to sue a public corporation under official receivership, but not to sue the Official Receiver itself.

Court Disposition

Application granted in part

Orders

  • Leave granted to sue the 1st Respondent
  • Leave to sue the 2nd Respondent not necessary