asami nemoto and another vs alex david silaa and another 2021 tzhc 5770 24 august 2021

asami nemoto and another vs alex david silaa and another 2021 tzhc 5770 24 august 2021

The applicants, as lawful administrators of the estates of deceased directors/shareholders, have locus standi. The court is not functus officio because the previous order was obtained through concealment of material facts and fraud. The court has inherent power to vacate its own orders to prevent abuse of process and ensure justice. The previous order is set aside, and the matter is remitted to be heard together with the related pending case.

Citation
asami nemoto and another vs alex david silaa and another 2021 tzhc 5770 24 august 2021
Parties
Applicant: Asami Nemoto; Applicant: Abdallah Dickemla; Respondent: Alex David Silaa; Respondent: Japan Tanzania Tours Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 August 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections and Main Application
Outcome
Application granted
Legal Topics
Locus Standi, Functus Officio, Inherent Powers of Court, Joinder of Parties, Fraud on Court, Abuse of Process
Source Language
English
Civil Procedure Company Law Locus Standi Functus Officio Inherent Powers of Court Joinder of Parties Fraud on Court Abuse of Process

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Parties

Asami Nemoto

Applicant

Abdallah Dickemla

Applicant

Alex David Silaa

Respondent

Japan Tanzania Tours Limited

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections and Main Application

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application
  2. 2 Whether the court is functus officio regarding its previous order
  3. 3 Whether the previous order was obtained by fraud or concealment of material facts

Ratio Decidendi

The applicants, as lawful administrators of the estates of deceased directors/shareholders, have locus standi. The court is not functus officio because the previous order was obtained through concealment of material facts and fraud. The court has inherent power to vacate its own orders to prevent abuse of process and ensure justice. The previous order is set aside, and the matter is remitted to be heard together with the related pending case.

Court Disposition

Application granted

Orders

  • The ruling of this court made in Miscellaneous Civil Cause No. 57 of 2020 dated 26/11/2020 is declared to have been obtained illegally and is set aside.
  • Miscellaneous Civil Cause No. 57 of 2020 is remitted to and shall form part of the proceedings in Miscellaneous Civil Cause No. 351 of 2019.