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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether leave of the court is required to sue the 1st Respondent under Official Receivership
- 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
Full Case Text
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