bansons enterprises limited vs mire artan 2023 tzca 90 9 march 2023

bansons enterprises limited vs mire artan 2023 tzca 90 9 march 2023

PW2 was not a principal officer, director, or company secretary and had no authority to sign and verify the plaint; the plaint was not duly signed and verified as required by law, thus the suit was not properly instituted and the proceedings and judgment are nullified.

Citation
bansons enterprises limited vs mire artan 2023 tzca 90 9 march 2023
Parties
Appellant: Bansons Enterprises Limited; Respondent: Mire Artan
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 March 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
proceedings and judgment of the High Court nullified; parties at liberty to commence fresh proceedings in accordance with the law; no order as to costs
Legal Topics
Authority to Institute Suit, Signing and Verification of Pleadings, Corporate Representation in Litigation
Source Language
English
Civil Procedure Company Law Authority to Institute Suit Signing and Verification of Pleadings Corporate Representation in Litigation

Case Brief

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Parties

Bansons Enterprises Limited

Appellant

Mire Artan

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaint was properly signed and verified on behalf of the company as required by law
  2. 2 Whether the suit was competently instituted before the High Court

Ratio Decidendi

PW2 was not a principal officer, director, or company secretary and had no authority to sign and verify the plaint; the plaint was not duly signed and verified as required by law, thus the suit was not properly instituted and the proceedings and judgment are nullified.

Court Disposition

proceedings and judgment of the High Court nullified; parties at liberty to commence fresh proceedings in accordance with the law; no order as to costs

Orders

  • The whole proceedings before the High Court and the resulting judgment are nullified.
  • Any party wishing to commence legal proceedings must do so in accordance with the law.