evarist steven swai and another vs the registered trustees of chama cha mapinduzi and others 2020 tzhclandd 3 6 march 2020

evarist steven swai and another vs the registered trustees of chama cha mapinduzi and others 2020 tzhclandd 3 6 march 2020

The absence of a board resolution authorizing the institution of the suit by the 2nd plaintiff company renders the suit incompetent; such authority must be shown at the initial stage of proceedings and is a condition precedent to filing an action by a corporate body.

Citation
evarist steven swai and another vs the registered trustees of chama cha mapinduzi and others 2020 tzhclandd 3 6 march 2020
Parties
1st Plaintiff: Evarist Steven Swai; 2nd Plaintiff: Ms Msafiri Enterprises Company Limited; 1st Defendant: The Registered Trustees of Chama Cha Mapinduzi; 2nd Defendant: The Commissioner for Lands; 3rd Defendant: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 March 2020
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out for want of board resolution.
Legal Topics
Board Resolution Requirement, Corporate Personality, Institution of Suit by Company
Source Language
English
Company Law Civil Procedure Land Law Board Resolution Requirement Corporate Personality Institution of Suit by Company

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Parties

Evarist Steven Swai

1st Plaintiff

Ms Msafiri Enterprises Company Limited

2nd Plaintiff

The Registered Trustees of Chama Cha Mapinduzi

1st Defendant

The Commissioner for Lands

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is competent without a board resolution authorizing institution of the suit by the 2nd plaintiff company

Ratio Decidendi

The absence of a board resolution authorizing the institution of the suit by the 2nd plaintiff company renders the suit incompetent; such authority must be shown at the initial stage of proceedings and is a condition precedent to filing an action by a corporate body.

Court Disposition

Suit struck out for want of board resolution.

Orders

  • Suit is struck out.