19980604 TZHC Dar es Salaam

19980604 TZHC Dar es Salaam

The suit is not res judicata as the parties and issues differ from the Danish case; Tanzanian courts have jurisdiction since the cause of action arose in Tanzania; and there is insufficient proof of any Danish law barring the suit's commencement.

Citation
19980604 TZHC Dar es Salaam
Parties
Plaintiff: Bjarne Alling; Plaintiff: Hasina Jiraji Alling; Plaintiff: Intertec East Africa A/S; Defendant: Intertec Contracting A/S; Defendant: Erik Martunussen; Defendant: Castleton Investment Ltd; Defendant: Tage Haugaard
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 June 1998
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objections overruled with costs.
Legal Topics
Res Judicata, Jurisdiction Over Foreign Defendants, Recognition of Foreign Judgments, Locus Standi of Foreign Companies
Source Language
English
Civil Procedure Private International Law Company Law Res Judicata Jurisdiction Over Foreign Defendants Recognition of Foreign Judgments Locus Standi of Foreign Companies

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Parties

Bjarne Alling

Plaintiff

Hasina Jiraji Alling

Plaintiff

Intertec East Africa A/S

Plaintiff

Intertec Contracting A/S

Defendant

Erik Martunussen

Defendant

Castleton Investment Ltd

Defendant

Tage Haugaard

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is res judicata due to a prior Danish judgment
  2. 2 Whether the Tanzanian court has jurisdiction over non-resident foreign defendants
  3. 3 Whether the suit is maintainable under Danish Company Law

Ratio Decidendi

The suit is not res judicata as the parties and issues differ from the Danish case; Tanzanian courts have jurisdiction since the cause of action arose in Tanzania; and there is insufficient proof of any Danish law barring the suit's commencement.

Court Disposition

Preliminary objections overruled with costs.

Orders

  • Preliminary objections dismissed.
  • Costs awarded to plaintiffs.