20030328 TZHC Dar es Salaam

20030328 TZHC Dar es Salaam

The 6th defendant did not act fraudulently or negligently in processing the withdrawal; the accounts were properly opened. Plaintiffs failed to act with prudence and diligence and did not prove entitlement to general damages. No cause of action established against 6th defendant.

Citation
20030328 TZHC Dar es Salaam
Parties
Plaintiff: Bharya Engineering Contracting Company Limited; 1st Defendant: Hassan Nuru Hassan; 2nd Defendant: N.B.C. (1997) Ltd; 6th Defendant: NDC (Holding) Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2003
Procedural Posture
Civil / Final Judgment
Outcome
Suit against 6th defendant dismissed with costs; plaintiffs at liberty to execute default judgment against other defendants
Legal Topics
Fraudulent Withdrawal, Opening of Bank Accounts, Prudent Business Conduct, Damages
Source Language
English
Banking Company Law Contract Fraudulent Withdrawal Opening of Bank Accounts Prudent Business Conduct Damages

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Parties

Bharya Engineering Contracting Company Limited

Plaintiff

Hassan Nuru Hassan

1st Defendant

N.B.C. (1997) Ltd

2nd Defendant

NDC (Holding) Corporation

6th Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the bank accounts in the name of Permanent Commercial Court of Arbitration were properly opened
  2. 2 Whether 6th defendant acted fraudulently or negligently in processing and facilitating withdrawal of T.shs 15,000,000/-
  3. 3 Whether plaintiffs suffered general damages amounting to T.shs 15,000,000/-

Ratio Decidendi

The 6th defendant did not act fraudulently or negligently in processing the withdrawal; the accounts were properly opened. Plaintiffs failed to act with prudence and diligence and did not prove entitlement to general damages. No cause of action established against 6th defendant.

Court Disposition

Suit against 6th defendant dismissed with costs; plaintiffs at liberty to execute default judgment against other defendants

Orders

  • Suit against 6th defendant dismissed with costs
  • Plaintiffs may proceed with execution against defaulting defendants